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LCS SERVICES, INC. v. HAMRICK

No. 90-2400.

925 F.2d 745 (1991)

LCS SERVICES, INC., a corporation, Plaintiff-Appellee, v. J. Edward HAMRICK, III, Director of the West Virginia Department of Natural Resources, Defendant-Appellant, and David E. Samuel, Chairman of the West Virginia Water Resources Board; Robert Butler; William N. Shug Kisner; Linda Barnhart; Carla Kitchen; Raymond Brosius; Frank Huffman; Carrie Slaughter; James Philbin, members of the Berkeley County Planning Commission, a subdivision of the County of Berkeley; Donald L. Bayer; John Evans Wright, members of the Berkeley County Commission, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1991.

As Amended February 26, 1991.

Attorney(s) appearing for the Case

Barbara A. Brown, Asst. Atty. Gen., argued (Roger W. Tompkins, Atty. Gen., Robert D. Pollitt, Deputy Atty. Gen., on brief), Charleston, W. Va., for defendant-appellant.

P. Rodney Jackson, argued (Lonnie C. Simmons, Anne E. Shaffer, Di Trapano & Jackson, on brief), Charleston, W. Va., for plaintiff-appellee.

Before RUSSELL, WIDENER, and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

Edward Hamrick, as director of the West Virginia Department of Natural Resources ("DNR"), appeals orders of the District Court for the Southern District of West Virginia which orders enjoined DNR from prosecuting three state court environmental actions against LCS Services, Inc. ("LCS"), the plaintiff in this federal suit. DNR raises numerous issues, but we only address its claim that the district court's injunctions violated the Anti-Injunction...

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