Western Waste Service Systems v. Universal Waste Control and Waste Management, Inc.

CLAIBORNE, District Judge,

Sitting by Designation (dissenting):

This case demonstrates perfectly the “Hobson’s choice” which a United States District Judge sometimes faces in attempting to render a decision. The Court below, in dismissing the complaint on the grounds of want of subject matter jurisdiction on a motion for summary judgment, held that the case of Sun Valley Disposal Co. v. Silver State Disposal Co., 420 F.2d 341 (9th Cir. 1969) was so indistinguishable as to be controlling. The Court was correct. The problem Judge Craig faced was that the Sun Valley opinion, arguably, is incorrect…