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MARTIN SALES & PROCESSING v. W.VA. DEPT. OF ENERGY

Civ.A. No. 3:92-0668.

815 F.Supp. 940 (1993)

MARTIN SALES & PROCESSING, INC., Plaintiff, v. WEST VIRGINIA DEPARTMENT OF ENERGY and West Virginia Division of Environmental Protection, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

March 16, 1993.

Attorney(s) appearing for the Case

J. Thomas Hardin, Inez, KY, for plaintiff.

Darrell V. McGraw, Jr., Office of the Atty. Gen., Charleston, WV, Joseph A. Lazell and Franklin W. Lash, Office of the Atty. Gen., Nitro, WV, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Defendants' motion to dismiss and Plaintiff's motion for leave to amend the complaint. Defendants allege this Court lacks subject matter jurisdiction over this dispute because the citizenship of the parties is not diverse within the meaning of 28 U.S.C. § 1332(a)(1) and because of the bar of the Eleventh Amendment to the United States Constitution. For reasons that follow, the Court GRANTS...

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