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INDUSTRIAL MAINTENANCE SERVICE, INC. v. MOORE

Civ. A. No. 2:87-0465.

677 F.Supp. 436 (1987)

INDUSTRIAL MAINTENANCE SERVICE, INC., a West Virginia corporation, Plaintiff, v. Arch A. MOORE, Jr., Governor of the State of West Virginia; The West Virginia Department of Natural Resources; Ronald R. Potesta, Director of the West Virginia Department of Natural Resources, Defendants.

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

June 8, 1987.

Attorney(s) appearing for the Case

Arden J. Curry, Arden J. Curry, II, Charleston, W.Va., for plaintiff.

Jennifer J. Costello, Asst. Atty. Gen., Charleston, W.Va., for defendants.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the request of the plaintiff for a permanent injunction enjoining the enforcement by defendants of Executive Order No. 6-87, which, inter alia, prohibits the importation of solid waste into West Virginia for disposal.1

The plaintiff operates a solid waste landfill in Harrison County, West Virginia. As a regular part of its business...

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