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WEST VIRGINIA MFRS. ASSOC. v. STATE OF W. VA.

Civ. A. No. 81-2477.

542 F.Supp. 1247 (1982)

WEST VIRGINIA MANUFACTURERS ASSOC., a nonprofit West Virginia corporation, Plaintiff, v. STATE OF WEST VIRGINIA and Lawrence Baker, Commissioner of Labor of the State of West Virginia, Defendants, United Steelworkers of America, AFLCIO-CIC and Paul Rusen, Director District 23, United Steelworkers of America, AFL-CIO-CIC, Defendant-Intervenor.

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

July 1, 1982.

Attorney(s) appearing for the Case

George G. Guthrie, Spillman, Thomas, Battle & Klostermeyer, Robert B. King, Charleston, W. Va., for plaintiff.

Stanley Hostler, Charleston, for plaintiff-intervenor.

Leonard B. Knee, Asst. Atty. Gen., Environmental Task Force, Charleston, W. Va., for defendants.

MEMORANDUM OPINION

KIDD, District Judge.

Plaintiff, West Virginia Manufacturers Association, filed this civil action on November 18, 1981, seeking declaratory and injunctive relief against the State of West Virginia and her Commissioner of Labor. The complaint seeks a judgment declaring W.Va.Code § 21-3-18 (hereinafter "the Act") and the administrative regulations promulgated thereunder unconstitutional or void. Plaintiff also seeks injunctive...

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