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VALERO TERRESTRIAL CORP. v. PAIGE

No. 99-1598, 99-1599.

211 F.3d 112 (2000)

VALERO TERRESTRIAL CORPORATION; Lackawanna Transport Company; Solid Waste Services, Incorporated, d/b/a J.P. Mascaro & Sons, Plaintiffs-Appellants, v. James H. PAIGE, Secretary, Department of Tax and Revenue of the State of West Virginia; Darrell V. McGraw, Jr., Honorable, Attorney General of the State of West Virginia; B.F. "CAP" Smith, Chief of the Division of Waste Management for the Division of Environmental Protection; Laidley Eli McCoy, Director, Division of Environmental Protection, of the Department of Labor, Commerce and Environmental Resources of the State of West Virginia, Defendants-Appellees, and John Ranson, Secretary, Department of Labor, Commerce and Environmental Resources of the State of West Virginia; Public Service Commission of West Virginia, Defendants, and Larry Harless, Respondent. Valero Terrestrial Corporation; Lackawanna Transport Company; Solid Waste Services, Incorporated, d/b/a J.P. Mascaro & Sons, Plaintiffs-Appellees, v. James H. Paige, Secretary, Department of Tax and Revenue of the State of West Virginia; Darrell V. McGraw, Jr., Honorable, Attorney General of the State of West Virginia; B.F. "Cap" Smith, Chief of the Division of Waste Management for the Division of Environmental Protection; Laidley Eli McCoy, Director, Division of Environmental Protection of the Department of Labor, Commerce and Environmental Resources of the State of West Virginia, Defendants-Appellants, and John Ranson, Secretary, Department of Labor, Commerce and Environmental Resources of the State of West Virginia; Public Service Commission of West Virginia, Defendants, and Larry Harless, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2000.

Attorney(s) appearing for the Case

ARGUED: William Francis Fox, Jr., Harleysville, Pennsylvania, for Appellants. Armando Frank Benincasa, Office of Legal Services, West Virginia Division of Environmental Protection, Charleston, West Virginia, for Appellees Smith and McCoy; Silas Bent Taylor, Senior Deputy Attorney General, Charleston, West Virginia, for Appellees Paige and McGraw.

ON BRIEF: Logan Hassig, Snyder & Hassig, New Martinsville, West Virginia, for Appellants. William E. Adams, Jr., Office of Legal Services, West Virginia Division of Environmental Protection, Charleston, West Virginia, for Appellees Smith and McCoy.

Before LUTTIG and MOTZ, Circuit Judges, and Norman K. MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part and vacated in part by published opinion. Judge LUTTIG wrote the opinion, in which Judge MOTZ and Judge MOON joined.

OPINION

LUTTIG, Circuit Judge:

Appellants Valero Terrestrial Corporation, Lackawanna Transport Co., and Solid Waste Services, Inc., d/b/a J.P. Mascaro & Sons (collectively "Valero") appeal from the district court's 1999 order dismissing their complaint as moot and...

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