HARPER v. PUBLIC SERVICE COM'N OF WV

No. 2:03 CV 00516.

427 F.Supp.2d 707 (2006)

James Allen HARPER, a resident and citizen of Ohio previously doing business as Southern Ohio Disposal, and Southern Ohio Disposal LLC, an Ohio limited liability company, Plaintiffs, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Jon W. McKinney, in his official capacity as Chairman of the Public Service Commission of West Virginia; Edward H. Staats, in his official capacity Commissioner of the Public Service Commission of West Virginia; and R. Michael Shaw, in his official capacity as Commissioner of the Public Service Commission of West Virginia, Defendants. WV Association of Solid Waste Haulers and Recyclers, BFI Waste Systems of North America, Inc., Stewart's Sanitation, Sunrise Sanitation Services, Inc., Tygarts Valley Sanitation, Inc., and United Disposal Services, Inc., Intervenors-defendants.

United States District Court, S.D. West Virginia, Charleston Division.

April 11, 2006.


Attorney(s) appearing for the Case

John Philip Melick, Jackson Kelly, Charleston, WV, for Plaintiffs.

Cassius H. Toon, Franklin G. Crabtree, Richard E. Hitt, Public Service Commission of West Virginia, Charleston, WV, for Defendants.

Samuel F. Hanna, Hanna & Hanna, Martin J. Glasser, Richard L. Gottlieb, Webster J. Arceneaux, III, Lewis Glasser Casey & Rollins, Eric L. Calvert, Leonard B. Knee, Bowles Rice Mcdavid Graff & Love, Charleston, WV, for Intervenors Defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

STANLEY, United States Magistrate Judge.

The court conducted a bench trial in this matter over .a period of four days from March 7, 2006, through March 10, 2006. Pursuant to Rule 52 of the Federal Rules of Civil Procedure, the court makes the following findings of fact and conclusions of law.

Findings of Fact

Statutory Scheme and Context

1. West Virginia Code §...

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