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CIBOLO WASTE, INC. v. CITY OF SAN ANTONIO

No. 12-50153.

718 F.3d 469 (2013)

CIBOLO WASTE, INCORPORATED; C-6 Disposal Systems, Incorporated; American Disposal Company; Anaconda Disposal, L.L.C.; Apache Disposal, Incorporated; Absolute Waste; Grande Disposal Company; Felix Maldonado Trucking, Incorporated; Pro Star Roll Off Dumpsters; Otis Spencer, doing business as River City Disposal; River City Waste, Incorporated; Southtexas Refuse, Incorporated; Texas Waste Systems, Incorporated; Brenda Maldonado Trucking; Clark Contracting Services, Incorporated; DRC Materials; Tiger Sanitation, Incorporated, Plaintiffs-Appellants, v. CITY OF SAN ANTONIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 2013.

Attorney(s) appearing for the Case

Jaay D. Neal , San Antonio, TX, for Plaintiffs-Appellants.

Jacqueline Marie Stroh, Esq. , Deborah Lynne Klein, San Antonio, TX, for Defendant-Appellee.

Before STEWART, Chief Judge, DAVIS, and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Appellants Cibolo Waste et al. are waste haulers that operate throughout the City of San Antonio and its surrounding counties. In 2006, the City of San Antonio passed an ordinance imposing a permit fee for the collection or disposal of waste within city limits. In response, Appellants filed suit against the City, claiming that the permit fee violates the dormant Commerce Clause by imposing an excessive burden on interstate waste...

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