Legal Opinion
Harper v. Public Service Commission of West Virginia
Court of Appeals for the Fourth Circuit
Decided January 24, 2005No. 04-1444PublishedCited by 2 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge CONRAD joined.
OPINION
WILKINSON, Circuit Judge:
In this case we consider the effect of the commerce power on a federal court’s dis cretion to abstain under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). Southern Ohio Disposal LLC (“SOD”), an Ohio-based solid waste disposal service, contracted with customers in West Virginia to collect their garbage and dispose of it in Ohio. The Public Service Commission of West Virginia (“PSC”) barred SOD from competing with…
2Cases cited40 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
35 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Stroman Realty, Inc. v. MartinezCourt of Appeals for the Seventh Circuit · 2007
- Harper v. Public Service Commission Of West VirginiaCourt of Appeals for the Fourth Circuit · 2005