Lackawanna Transport Company v. Public Service Commission, No. 10-1432 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1432 LACKAWANNA TRANSPORT COMPANY, Plaintiff Appellant, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA; WETZEL COUNTY SOLID WASTE AUTHORITY; PUBLIC SERVICE COMMISSIONER MICHAEL ALBERT, in his official capacity; PUBLIC SERVICE COMMISSIONER JON W. MCKINNEY, in his official capacity; PUBLIC SERVICE COMMISSIONER ED STAATS, in his official capacity, Defendants Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:08-cv-00066-FPS-JES) Submitted: January 5, 2011 Decided: January 24, 2011 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Patrick J. McDermott, MCDERMOTT Wheeling, West Virginia; Albert A. Jr., LACKAWANNA TRANSPORT COMPANY, Appellant. Thomas E. Buck, Jason P.L.L.C., Wheeling, West Virginia; & BONENBERGER, P.L.L.C., DeGennaro, William F. Fox, Audubon, Pennsylvania, for P. Pockl, BAILEY & WYANT, Silas B. Taylor, OFFICE OF THE ATTORNEY GENERAL OF Virginia, for Appellees. WEST VIRGINIA, Charleston, West Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Lackawanna court s orders Transport granting Company Defendants appeals the motions district to dismiss Lackawanna s 42 U.S.C. § 1983 (2006) claims against them. have reviewed the record and find no reversible We error. Accordingly, we affirm for the reasons stated by the district court. Lackawanna Transp. Co. v. Public Serv. Comm n of W. Va., No. 5:08-cv-00066-FPS-JES (N.D. W. Va. March 16, 2010; May 14, 2010). legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 3

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