U & I Sanitation v. City of Columbus
Court of Appeals for the Eighth Circuit
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
U & I Sanitation initiated this suit under 42 U.S.C. § 1983, seeking an injunction against a Columbus, Nebraska, ordinance requiring that all garbage collected within the city limits, except garbage destined for out-of-state disposal, be processed at the city-owned transfer station. The district court conducted a bench trial and held that the ordinance does not violate the dormant Commerce Clause. See U & I Sanitation v. City of Columbus, 998 F.Supp. 1092 (D.Neb.1998). U & I appeals, and we now reverse.
The facts underlying U & I’s claim are not disputed. U & I is…
2Cases cited13 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
- Brown-Forman Distillers Corp. v. New York State Liquor AuthoritySupreme Court of the United States · 1986
- Healy v. Beer InstituteSupreme Court of the United States · 1989
- C & a Carbone, Inc. v. Town of ClarkstownSupreme Court of the United States · 1994
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- R & M Oil & Supply, Inc., an Illinois Corporation v. John L. Saunders, Director, Department of Agriculture of the State of MissouriCourt of Appeals for the Eighth Circuit · 2002
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