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UNITED STATES v. STATE OF W. VA.

Civ. A. No. 78-2049.

537 F.Supp. 388 (1982)

UNITED STATES of America, Plaintiff, v. STATE OF WEST VIRGINIA, Defendant.

United States District Court, S. D. West Virginia, Charleston Division.

January 28, 1982.

Attorney(s) appearing for the Case

Tracy Whitaker, Thomas W. B. Porter, U. S. Dept. of Justice, Washington, D. C., for plaintiff.

Richard L. Earles, Asst. Atty. Gen., Charleston, W. Va., for defendant.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This case comes before the court on plaintiff's motion for summary judgment and defendant's motion to dismiss. Because of the extensive affidavits, exhibits and memoranda submitted by both parties, the court has chosen to treat defendant's motion to dismiss as a motion for summary judgment. Rules 12(b)(6) and 56, Federal Rules of Civil Procedure. The parties were so informed and have since submitted additional...

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