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DeVito v. Rhode Island Solid Waste Management

United States Court of Appeals, First Circuit
Nov 18, 1991
947 F.2d 1004 (1st Cir. 1991)

Opinion

No. 91-1683.

Heard October 11, 1991.

Decided November 18, 1991.

William C. Brachares, with whom Robert G. Flanders, Jr., Jeffrey C. Schreck, John D. Deacon, Jr., Daniel J. Schatz, and Flanders Medeiros, Inc., Providence, R.I., were on brief for defendants, appellants.

George T. Brubaker, Stephen J. Spinello and Hartman Underhill Brubaker, Lancaster, Pa., on brief for Lancaster County Solid Waste Management Authority, amicus curiae.

R. Daniel Prentiss, with whom R. Daniel Prentiss and Associates, Providence, R.I., was on brief for plaintiff, appellee.

Appeal from the United States District Court for the District of Rhode Island; Ernest C. Torres, U.S. District Judge.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and TAURO, District Judge.

Of the District of Massachusetts, sitting by designation.


Upon consideration of the record on appeal and the briefs and argument of the parties, the decision of the district court is affirmed for substantially the reasons stated therein. See Stephen D. DeVito, Jr. Trucking Inc. v. The Rhode Island Solid Waste Management Corp., et al., 770 F. Supp. 775 (D.R.I. 1991). The parties are advised, however, that this is an appeal from the grant of a preliminary injunction which is, of course, subject to further development during the course of the main case.

The preliminary injunction is affirmed. Costs to appellee.


Summaries of

DeVito v. Rhode Island Solid Waste Management

United States Court of Appeals, First Circuit
Nov 18, 1991
947 F.2d 1004 (1st Cir. 1991)
Case details for

DeVito v. Rhode Island Solid Waste Management

Case Details

Full title:STEPHEN D. DeVITO, JR. TRUCKING, INC., PLAINTIFF, APPELLEE, v. THE RHODE…

Court:United States Court of Appeals, First Circuit

Date published: Nov 18, 1991

Citations

947 F.2d 1004 (1st Cir. 1991)