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KIM-STAN, INC. v. DEPARTMENT OF WASTE MANAGEMENT

CA-89-00373-R.

732 F.Supp. 646 (1990)

KIM-STAN, INC., a Virginia corporation, Plaintiff, v. DEPARTMENT OF WASTE MANAGEMENT, et al., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

March 6, 1990.

Attorney(s) appearing for the Case

Jack E. McClard and Ann T. Burks, Hunton & Williams, Richmond, Va., for plaintiff.

Mary Sue Terry, Atty. Gen. of Virginia, R. Claire Guthrie, Deputy Atty. Gen., Patrick A. O'Hare and Guy W. Horsley, Jr., Sr. Asst. Attys. Gen., John R. Butcher, Gregory E. Lucyk, George W. Chabalewski, Fred R. Kozak and J. Steven Sheppard, Asst. Attys. Gen., Richmond, Va., for defendants.

MEMORANDUM

MERHIGE, District Judge.

This matter is before the Court on defendants' motion to dismiss the amended complaint, or, in the alternative, for summary judgment. Defendants assert that plaintiff's amended complaint fails to state a claim for a variety of constitutional reasons, and, as a threshold matter, this Court should exercise Younger abstention. Jurisdiction is based on 28 U.S.C. §§ 1331, 1343 and 42 U.S.C. § 1983.

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