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STATE v. LACKAWANNA TRANSPORT CO.

No. 12-0527.

736 S.E.2d 741 (2012)

STATE of West Virginia ex rel. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA and The Wetzel County Solid Waste Authority, Petitioners v. LACKAWANNA TRANSPORT COMPANY and Solid Waste Services, Incorporated, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 23, 2012.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq. , Attorney General, Silas B. Taylor, Esq. , Senior Deputy Attorney General Charleston, WV, and Richard E. Hitt, Esq. , General Counsel, West Virginia Public Service Commission, Charleston, WV, for Petitioners.

Ancil G. Ramey, Esq. , Steptoe & Johnson PLLC, Huntington, WV, and Logan Hassig, Esq. , Snyder & Hassig, New Martinsville, WV, for Respondents.

PER CURIAM:

This case is before this Court upon a petition for a writ of mandamus filed by the petitioners, the Public Service Commission of West Virginia and the Wetzel County Solid Waste Authority (hereinafter referred to separately as "the Commission" and "Wetzel County" or jointly as "the petitioners"). The petitioners seek to compel the respondents, Lackawanna Transport Company and Solid Waste Services, Inc., (hereinafter referred to separately as "Lackawanna...

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