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WV CEMETERY AND FUNERAL v. WV PUBLIC SERVICE

No. 31719.

607 S.E.2d 537 (2004)

216 W.Va. 431

WEST VIRGINIA CEMETERY AND FUNERAL ASSOCIATION, Beverly Hills Memorial Gardens, Inc., Palm Memorial Gardens, Inc., Forest Lawn Cemetery, Inc., Mountain View Memorial Park, and Sears Monument Co., Inc, Appellants v. WEST VIRGINIA PUBLIC SERVICE COMMISSION, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Dennis R. Vaughan, Jr., The Vaughan Law Firm, Troy N. Giatras, Mark L. French, Giatras & Webb, Charleston, for Appellant.

Cassius H. Toon, Charleston, for Appellee.

PER CURIAM:

I.

FACTS

Facts in this case are undisputed. On March 8, 2003, the Legislature passed Senate Bill No 494, now codified at W. Va.Code § 24F-1-1 et seq. This statute authorizes the West Virginia Public Service Commission (the "Commission") to regulate the installation of certain markers that the United States Veterans Administration provides free of charge to the families of qualified veterans.

At issue in this case...

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