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SOUTHERN BLASTING SERVICES v. WILKES COUNTY, NC

No. 01-2098.

288 F.3d 584 (2002)

SOUTHERN BLASTING SERVICES, INCORPORATED; Piedmont Drilling & Blasting, Incorporated, Plaintiffs-Appellants, v. WILKES COUNTY, NORTH CAROLINA, a body politic; Kevin D. Bounds, Wilkes County Fire Marshal, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 2002.

Attorney(s) appearing for the Case

ARGUED: Douglas George Eisele, Eisele, Ashburn, Greene & Chapman, P.A., Statesville, North Carolina, for Plaintiffs-Appellants. Anthony Ray Triplett, Vannoy, Colvard, Triplett & Vannoy, P.L.L.C., North Wilkesboro, North Carolina, for Defendants-Appellees.

Before WILKINSON, Chief Judge, and WILLIAMS and GREGORY, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge GREGORY joined.

OPINION

WILKINSON, Chief Judge.

Plaintiffs Southern Blasting Services, Inc. and Piedmont Drilling & Blasting, Inc. seek to conduct explosives businesses and blasting operations in Wilkes County, North Carolina using Hazardous Materials Transportation Act ("HMTA") Class 1 materials...

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