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MEDIGEN OF KENTUCKY v. PUBLIC SERVICE COM'N OF W. V.

No. 92-1245.

985 F.2d 164 (1993)

MEDIGEN OF KENTUCKY, INCORPORATED, Medigen of Pennsylvania, Incorporated, Plaintiffs-Appellees, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Boyce Griffith, Chairman, Otis D. Casto, Commissioner, Richard D. Frum, Commissioner, Defendants-Appellants, and West Virginia Solid Waste Association, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1993.

Attorney(s) appearing for the Case

Franklin G. Crabtree, Charleston, WV, argued (Richard E. Hitt, on brief), for defendants-appellants.

Mark E. Kauffelt, Charleston, WV, argued (T.D. Kauffelt, on brief), for plaintiffs-appellees.

Before ERVIN, Chief Judge, WILLIAMS, Circuit Judge, and SPROUSE, Senior Circuit Judge.

WILLIAMS, Circuit Judge:

Medigen of Kentucky, Inc., and Medigen of Pennsylvania, Inc. (collectively "Medigen"), are interstate haulers of infectious medical waste. Medigen brought this action against the Public Service Commission of West Virginia (Commission) seeking to enjoin enforcement of the Commission's requirement that collectors, haulers, and transporters of infectious medical waste obtain a certificate of convenience and necessity in order to operate within...

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