HARPER v. PUBLIC SERVICE COM'N OF WEST VIRGINIA

No. 2:03-CV-00516.

416 F.Supp.2d 456 (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 as 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.

February 27, 2006.


Attorney(s) appearing for the Case

Brian C. Helmick, 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.


MEMORANDUM OPINION AND ORDER2

STANLEY, United States Magistrate Judge.

Currently pending before the court is Plaintiffs' Renewed3 Motion for Summary Judgment, filed January 6, 2006 (Docket Sheet Document # 121). All Defendants have responded to Plaintiffs' Motion (## 125, 127, 128, 132), and Plaintiffs have replied (# 129). On February 14, 2006, the court heard oral argument.

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