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REPUBLIC WASTE SERV. v. TEXAS DISPOSAL SERV.

No. 15-11035.

848 F.3d 342 (2016)

REPUBLIC WASTE SERVICES OF TEXAS, LIMITED, Plaintiff-Appellant v. TEXAS DISPOSAL SYSTEMS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 15, 2016.

Attorney(s) appearing for the Case

S. Shawn Stephens , King & Spalding, L.L.P., Houston, TX, Charles Lynde Babcock , Edwin McAllister Buffmire , Patrick R. Cowlishaw , General Counsel, Jackson Walker, L.L.P., Dallas, TX, James Patrick Sullivan , King & Spalding, L.L.P., Austin, TX, for Plaintiff-Appellant.

James A. Hemphill , David Austin King , Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, for Defendant-Appellee.

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

This case involves a dispute between two waste disposal service entities, Plaintiff-Appellant Republic Waste Services of Texas, Ltd. ("Republic") and Defendant-Appellee Texas Disposal Systems, Inc. ("Texas Disposal"). At issue is a purported conflict between the Texas Health and Safety Code ("the Code") and an exclusive...

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