LCS SERVICES, INC. v. CAPERTON

Civil Action No. 3:96-CV-31.

976 F.Supp. 405 (1997)

LCS SERVICES, INC., Chambers of West Virginia, Inc., and Chambers Development Company, Inc., Plaintiffs, v. The Honorable Gaston CAPERTON, Governor of the State of West Virginia, The Berkeley County Solid Waste Authority, The Honorable Laidley Eli McCoy, Director, Division of the Environmental Protection of West Virginia, The Honorable B.F. "CAP" Smith, Chief of the Office of Waste Management for the Division of the Environmental Protection, The Honorable Otis Casto, Commissioner of the Public Service Commission of the State of West Virginia, The Honorable Boyce Griffith, Commissioner of the Public Service Commission of the State of West Virginia, The Honorable Richard Frum, Commissioner of the Public Service Commission of the State of West Virginia, and The Honorable Robin C. Capehart, Secretary of the Department of Tax and Revenue of the State of West Virginia, Defendants.

United States District Court, N.D. West Virginia, Martinsburg Division.

August 15, 1997.


Attorney(s) appearing for the Case

Bruce L. Thall, Philadelphia, PA, Michael R. Bucci, Pittsburgh, PA, Cathy M. Armstrong, Wheeling, WV, for Plaintiffs.

William E. Adams, Nitro, Silas B. Taylor, Charleston, WV, Mark J. Rudolph, Charleston, WV, Armando F. Benincasa, Charleston, WV, for Defendants.


MEMORANDUM OPINION AND ORDER

BROADWATER, District Judge.

The above styled action is pending before the Court for consideration of defendant Secretary of the West Virginia Department of Tax and Revenue, ("the defendant"), the Honorable Robin C. Capehart's Motion to Dismiss Count I.A.(1) (Document No. 93) on the basis that the Eleventh Amendment preludes this Court from assuming jurisdiction over the plaintiffs...

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