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OHIO VALLEY ENVIRONMENTAL COALITION v. MIANO

No. Civ.A. 298-0593.

66 F.Supp.2d 805 (1998)

OHIO VALLEY ENVIRONMENTAL COALITION and Carlos Gore, Plaintiffs, v. Michael MIANO, in his official capacity as Director of the Division of Environmental Protection, Defendant.

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

October 19, 1998.

Attorney(s) appearing for the Case

Jason Huber, Forman & Crane LC, Charleston, WV, for plaintiffs.

Thomas H. Zerbe, Office of Legal Service, Division of Environmental Protection, Charleston, WV, for defendant.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on plaintiffs' motion to remand filed July 24, 1998, and on defendant's motion to dismiss filed July 7, 1998, the day this action was removed to this court. The motions have since been briefed, and the issues arising therein are ready for decision.

I. Generally

Plaintiffs filed a petition for a writ of prohibition and declaratory judgment ("complaint") in...

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