Cheney

MEMORANDUM AND ORDER

This matter is now before the court on the objections of both parties to the Magistrate Judge’s Proposed Findings of Fact and Recommendations of Law filed July 13, 1991.

I.Factual & Procedural Overview

The material facts and procedural history of this case are set forth in detail in Magistrate Judge Moulds’ order of July 31, 1991. Briefly, plaintiff Solano Garbage Co. (“So-lano”) has an exclusive franchise with the City of Fairfield to provide garbage collection services in the city. Although Travis Air Force Base (“Travis”) is located within the City of Fairfield, it refuses to award a contract for the collection of refuse to Sola-no based on the exclusive franchise agreement.

Solano filed this action on October 11, 1988, challenging the government’s refusal to award the refuse collection contracts to plaintiff or the City of Fairfield as violative of provisions of the Resource Conservation and Recovery Act (“RCRA”). 42 U.S.C. § 6961 . By order filed February 14, 1989, Judge Ramirez granted partial summary judgment for defendants and denied plaintiff’s motion for a preliminary injunction. The court found that 40 C.F.R. § 255.33 “represents an appropriate…