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KLEENWELL BIOHAZARD WASTE v. NELSON

Nos. 93-35546, 93-35897.

48 F.3d 391 (1995)

KLEENWELL BIOHAZARD WASTE AND GENERAL ECOLOGY CONSULTANTS, INC., a corporation, Plaintiff-Appellant, v. Sharon L. NELSON, Chairman; Richard D. Casad, Commissioner; A.J. Pardini, Commissioner; Acting in Their Official Capacity as Members of the Washington Utilities and Transportation Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 9, 1995.

Attorney(s) appearing for the Case

James T. Johnson, Seattle, WA, and Mark E. Kauffelt, Charleston, WV, for plaintiff-appellant.

Steven W. Smith, Asst. Atty. Gen., Olympia, WA, for defendants-appellees.

Before: WRIGHT, TANG and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Kleenwell Biohazard Waste and General Ecology Consultants, Inc. ("Kleenwell") appeals the district court's denial of a preliminary injunction and subsequent grant of summary judgment in favor of Sharon Nelson, Richard Casad, and A.J. Pardini, members of the Washington Utilities and Transportation Commission (collectively "the WUTC" or "the Commission"), in this 42 U.S.C. § 1983 action. Kleenwell claims that the state requirement that...

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