Legal Opinion
Medigen of Kentucky, Inc. v. Public Service Commission of West Virginia
Court of Appeals for the Fourth Circuit
Decided February 5, 1993No. 92-1245PublishedCited by 3 opinions
1Opinion of the Court
WILLIAMS, Circuit Judge:
Medigen of Kentucky, Inc., and Medigen of Pennsylvania, Inc. (collectively “Medi-gen”), are interstate haulers of infectious medical waste. Medigen brought this action against the Public Service Commission of West Virginia (Commission) seeking to enjoin enforcement of the Commission’s requirement that collectors, haulers, and transporters of infectious medical waste obtain a certificate of convenience and necessity in order to operate within West Virginia. Following a trial on a stipulated record, the district court found the certification requirement unconstitutional…
2Cases cited12 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Maine v. TaylorSupreme Court of the United States · 1986
- Quill Corp. v. North Dakota Ex Rel. HeitkampSupreme Court of the United States · 1992
- Dennis v. HigginsSupreme Court of the United States · 1991
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3Cited by3 opinions
- DNCSI Solutions LLC. v. Landmore Inc.District Court, W.D. Virginia · 2020
- Medigen Of Kentucky, Incorporated v. Public Service Commission Of West VirginiaCourt of Appeals for the Fourth Circuit · 1993
- Tiwari v. MeierDistrict Court, W.D. Kentucky · 2021