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C.C. "SPIKE" COPLEY GARAGE v. P.S.C. OF W. VA.

No. 15731.

300 S.E.2d 485 (1983)

C.C. "SPIKE" COPLEY GARAGE, INC., et al. v. PUBLIC SERVICE COMMISSION OF W. VA. and Donald Everhart, etc., et al.

Supreme Court of Appeals of West Virginia.

February 15, 1983.

Attorney(s) appearing for the Case

Robert R. Rodecker and S. Thornton Cooper, Legal Div., Charleston, for P.S.C.

Cecil, Pearson & Barth and J. David Cecil, Charleston, for Everhart.

King, Betts & Allen, James S. Arnold and Robert B. King, Charleston, for appellees.

NEELY, Justice:

In 1979 the West Virginia Legislature passed an omnibus statute that radically changed the authority and operating procedures of the Public Service Commission. Part of this omnibus statute, Chapter 98, Acts of the Legislature, Regular Session 1979, enacted a new section of the W.Va. Code, namely, Code, 24A-2-2a [1979] that had the effect of deregulating the business of towing, hauling or carrying wrecked or disabled vehicles. The...

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