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EDEN, LLC v. JUSTICE

No. 21-1079.

36 F.4th 166 (2022)

EDEN, LLC, d/b/a Eden Family Restaurant; Fulton Fun Factory, LLC; The Rejuvenation Center II, LLC; B.H.; R.S., Plaintiffs-Appellants, and Hinebaugh Enterprises, LLC, d/b/a Noah's Ark Childcare and Learning Center, Plaintiff, v. Jim JUSTICE, in his official capacity as Governor of the State of West Virginia, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Argued: March 9, 2022.

Attorney(s) appearing for the Case

ARGUED: Paul J. Harris , HARRIS LAW OFFICES, Wheeling, West Virginia, for Appellants. Benjamin J. Hogan , BAILEY & GLASSER LLP, Morgantown, West Virginia, for Appellee. ON BRIEF: Benjamin L. Bailey , BAILEY & GLASSER LLP, Charleston, West Virginia, for Appellee.

Vacated and remanded with instructions by published opinion. Judge Harris wrote the opinion, in which Judge Rushing and Senior Judge Floyd joined.

In March of 2020, West Virginia's Governor began to adopt public-safety measures in response to the outbreak of the COVID-19 pandemic. Six months later, a group of plaintiffs sued, challenging those measures as unconstitutional. The district court dismissed their case, holding...

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