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MOUNTAINEER DISPOSAL SERVICE, INC. v. DYER

No. 13278.

197 S.E.2d 111 (1973)

MOUNTAINEER DISPOSAL SERVICE, INC. v. N. H. DYER, State Director of Health.

Supreme Court of Appeals of West Virginia.

Decided June 19, 1973.

Attorney(s) appearing for the Case

Walter L. Wagner, Jr., Dunbar, for relator.

Chauncey H. Browning, Jr., Atty. Gen., George H. Mitchell, Asst. Atty. Gen., Charleston, for respondent.

HADEN, Judge.

This is an original application by petitioner, Mountaineer Disposal Service, Inc., a corporation, for a writ of mandamus to compel the Honorable N. H. Dyer, State Director of Health, hereinafter referred to as "Director", to issue the petitioner a permit to operate a sanitary landfill, which permit is a precondition required by West Virginia Code, Chapter 16, Article 1, Section 9 (Michie's 1931), as amended.

In March 1972, the petitioner filed...

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