CITY OF CHARLESTON v. PUBLIC SERV. COM'N OF W. VA.

No. 94-2285.

57 F.3d 385 (1995)

CITY OF CHARLESTON; The City of South Charleston, Plaintiffs-Appellees, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA; Boyce Griffith, Chairman; Otis D. Casto, Commissioner; Richard D. Frum, Commissioner, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1995.


Attorney(s) appearing for the Case

ARGUED: Richard Edward Hitt, Charleston, WV, for appellants. James David Kauffelt, Kauffelt & Kauffelt, Charleston, WV, for appellees.

ON BRIEF: Cathy Culhane, Charleston, WV, for appellants. T.D. Kauffelt, Kauffelt & Kauffelt, Charleston, WV, for appellees.

Carolyn C. Atkinson, City Atty., City of South Charleston, South Charleston, WV, for appellees.

Before HALL and MOTZ, Circuit Judges, and WILLIAMS, United States District Judge for the District of Maryland, sitting by designation.


Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge HALL and Judge WILLIAMS joined.

OPINION

MOTZ, Circuit Judge:

The district court held that a 1990 West Virginia statute and related orders of the state's Public Service Commission (PSC) impaired contractual obligations contained in sewer bond contracts between two West Virginia cities and their bondholders in violation of the Contract Clause of the United States...

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