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SOLID WASTE SERVICE OF W.VA. v. PSC

No. 20996.

422 S.E.2d 839 (1992)

188 W.Va. 117

SOLID WASTE SERVICES OF WEST VIRGINIA, Plaintiff Below, Appellant, v. PUBLIC SERVICE COMMISSION, Defendant Below, Appellee, and Halt Out-Of-State Garbage, Inc., Intervenor.

Supreme Court of Appeals of West Virginia.

Decided July 15, 1992.

Attorney(s) appearing for the Case

William F. Fox, Jr., Harleysville, Pa., for appellant.

Drexel M. Vealey, Public Service Com'n of West Virginia, for appellee.

Larry Harless, Charleston, for intervenor.

NEELY, Justice:

Solid Waste Services of West Virginia (SWS) appeals the decision of the Public Service Commission (PSC) that denied its application for a transfer of motor carrier certificates for hauling garbage within Wetzel, Tyler and portions of Marshall Counties from Eller Excavating and Hauling and Ma-Reb Corporation (Eller) to SWS. Alleging that the PSC's determination of SWS's "unfitness" was both legally and factually incorrect, SWS appeals. The intervenor...

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