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VALERO TERRESTRIAL CORP. v. CAFFREY

No. 99-1600.

205 F.3d 130 (2000)

VALERO TERRESTRIAL CORPORATION; Lackawanna Transport Company; Solid Waste Services, Incorporated, d/b/a J.P. Mascaro & Sons, Plaintiffs-Appellants, v. The Honorable John E. CAFFREY, Director, Division of Environmental Protection; Randy Huffman, Assistant Chief, Office of Waste Management of the Division of Environmental Protection; Darrell V. McGraw, Jr., The Attorney General of the State of West Virginia; Richard E. Boyle, Tax Commissioner, Defendants-Appellees, and The Honorable Otis Casto, Commissioner, The Public Service Commission of the State of West Virginia; The Honorable Charlotte Lane, Commissioner, The Public Service Commission of the State of West Virginia; The Honorable Richard Frum, Commissioner, The Public Service Commission of the State of West Virginia; The Honorable Robin Capehart, Secretary, Department of Tax and Revenue of the State of West Virginia, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 2, 2000.

Attorney(s) appearing for the Case

ARGUED: William Francis Fox, Jr., Harleysville, Pennsylvania, for Appellants. Silas Bent Taylor, Senior Deputy Attorney General, Charleston, West Virginia, for Appellees. ON BRIEF: Logan Hassig, Snyder & Hassig, New Martinsville, West Virginia, for Appellants. Armando Benincasa, William E. Adams, Jr., Office of Legal Services, West Virginia Division of Environmental Protection, Charleston, West Virginia, for Appellees Caffrey and Huffman.

Before MURNAGHAN and WILLIAMS, Circuit Judges, and HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed by published opinion. Senior Judge CYNTHIA HOLCOMB HALL wrote the opinion, in which Judge MURNAGHAN and Judge WILLIAMS joined.

OPINION

CYNTHIA HOLCOMB HALL, Senior Circuit Judge:

Valero Terrestrial Corp. ("Valero") appeals the district court's granting of summary judgment in favor of John Caffrey ("Caffrey" or "appellee") (sued in his official capacity as the Director of the Division of Environmental Protection for the State of West Virginia...

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