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  5. 745 F.Supp. 1188 (1989)
 

ASSOCIATION OF AMERICAN RAILROADS v. PSC OF W.VA.

Civ. A. No. 2:86-0725.

745 F.Supp. 1188 (1989)

ASSOCIATION OF AMERICAN RAILROADS, Plaintiff, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, and Michael D. Greer, Otis D. Casto and Charlotte R. Lane, as members of the Public Service Commission of West Virginia, Defendants, and West Virginia Mining and Reclamation Association and West Virginia Coal Association, Intervening Defendants.

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

Final Order and Judgment December 27, 1989.

Attorney(s) appearing for the Case

William C. Beatty, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W.Va., R. Eden Martin, Sidley & Austin, Chicago, Ill., or Washington, D.C., for plaintiff.

J. Steven Hunter, Richard E. Hitt, Raymond Keener, III, Charleston, W.Va., for Public Service Com'n of W.Va., Greer, Casto and Lane.

Douglas A. Smoot, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for West Virginia Coal Ass'n.

Ricklin Brown, Bowles, McDavid, Graff & Love, Charleston, W.Va., for West Virginia Min. and Reclamation Ass'n.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on cross motions for partial summary judgment filed by the plaintiff, Association of American Railroads (hereinafter, "AAR"), the defendants Public Service Commission of West Virginia (hereinafter, "PSC"), and its members Michael D. Greer, Otis D. Casto, and Charlotte R. Lane, and the intervening defendant, West Virginia Coal Association (hereinafter, "WVCA"), with respect to the...

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