Legal Opinion
Bennett Electric Co. v. Village of Miami Shores
District Court, S.D. Florida
Decided May 6, 1998No. 97-0727-CIVPublishedCited by 1 opinion
1Opinion of the Court
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND ORDER CLOSING CASE
MORENO, District Judge.
This case presents the question of whether a municipality’s decision to take control of the local waste collection market violates the Commerce Clause or the federal antitrust laws. The Court concludes that the municipality’s actions neither discriminate against nor unduly burden interstate commerce, and that the municipality is entitled to state action immunity from the antitrust laws. Therefore, the municipality’s motion to dismiss the Amended Complaint is GRANTED.
I. BACKGROUND
Pursuant to the Miami…
2Cases cited21 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Parker v. BrownSupreme Court of the United States · 1943
- Maine v. TaylorSupreme Court of the United States · 1986
- A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
- City of Columbia v. Omni Outdoor Advertising, Inc.Supreme Court of the United States · 1991
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3Cited by1 opinion
- Commercial Clean-Up Enterprises, Inc. v. Lee CountyDistrict Court of Appeal of Florida · 1999