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HARPER v. PUBLIC SERVICE COM'N OF WEST VIRGINIA

No. CIV.A. 2:03-0516.

291 F.Supp.2d 443 (2003)

James Allen HARPER, a resident and citizen of Ohio previously doing business as Southern Ohio Disposal, and Southern Ohio Disposal LLC, an Ohio limited liability company, Plaintiffs, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Edward H. Staats, Chairman, R. Michael Shaw, Commissioner, and Martha Y. Walker, Commissioner, Defendants. WV Association of Solid Waste Haulers and Recyclers, BFI Waste Systems of North America, Inc., Stewart's Sanitation, Sunrise Sanitation Services, Inc., Tygarts Valley Sanitation, Inc., and United Disposal Services, Inc., Intervenors-defendants.

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

November 19, 2003.

Attorney(s) appearing for the Case

John Philip Melick, Brian C. Helmick, Jackson Kelly, Charleston, WV, for Plaintiffs.

Richard E. Hitt, Franklin G. Crabtree, Cassius H. Toon, Public Service Commission of West Virginia, Charleston, WV, for PSC Defendants.

Samuel F. Hanna, Hanna & Hanna, Charleston, WV, for SWH.

Richard L. Gottlieb, Webster J. Arceneaux, III, Martin J. Glasser, Lewis, Glasser, Casey & Rollins, PLLC, Charleston, WV, for BFI.

Leonard B. Knee, Eric L. Calvert, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for Stewart's Sanitation, Sunrise Sanitation Services, Inc., Tygarts Valley Sanitation, Inc. and United Disposal Services, Inc.

MEMORANDUM OPINION AND ORDER

STANLEY, United States Magistrate Judge.

Currently pending before the court are (1) a Motion to Dismiss, filed by the Public Service Commission ("PSC") and its Commissioners, named in their official capacities (collectively referred to as "PSC Defendants"), on August 5, 2003 (docket sheet document # 18); (2) a Motion to Dismiss, filed August 6, 2003, by the WV Association of Solid Waste Haulers and Recyclers ("SWH") (...

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