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NORTHWESTERN DISPOSAL v. W.VA. PSC

No. 18899.

388 S.E.2d 297 (1989)

NORTHWESTERN DISPOSAL COMPANY, INC., A West Virginia Corporation; E.R.O., Inc., a West Virginia Corporation; Ham Sanitary Landfill, Inc., a Florida Corporation; and Northfork Landfill, Inc., a West Virginia Corporation v. The WEST VIRGINIA PUBLIC SERVICE COMMISSION; Otis D. Casto, a Member of the West Virginia Public Service Commission; and Michael D. Greer, a Member of the West Virginia Public Service Commission.

Supreme Court of Appeals of West Virginia.

December 20, 1989.

Attorney(s) appearing for the Case

Franklin G. Crabtree, Public Service Com'n of W.Va., Charleston, for Public Service Com'n.

Raymond G. Musgrave, Musgrave & Morgan, L.C., Point Pleasant, William R. Pfalzgraf, Davis, Bailey, Pfalzgraf & Hall, Parkersburg, Gregory E. Elliott, Samuel F. Hanna, Hanna & Elliott, Charleston, Leonard Knee, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for appellees.

PER CURIAM:

This case is before the Court upon the appeal of the West Virginia Public Service Commission (PSC) and two of its members from a final order of the Circuit Court of Kanawha County.

The appellees, Northwestern Disposal Company, Inc., E.R.O., Inc., Ham Sanitary Landfill, Inc., and Northfork Landfill, Inc., operate commercial solid waste facilities, sometimes called "sanitary landfills," in various counties in West Virginia. Each also has an interest...

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