UNPUBLISHED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Affirmed by unpublished per curiam opinion.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 & BONENBERGER, P.L.L.C., Wheeling, West Virginia; Albert A. DeGennaro, William F. Fox, Jr., LACKAWANNA TRANSPORT COMPANY, Audubon, Pennsylvania, for Appellant. Thomas E. Buck, Jason P. Pockl, BAILEY & WYANT, P.L.L.C., Wheeling, West Virginia; Silas B. Taylor, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Lackawanna Transport Company appeals the district

court’s orders granting Defendants’ motions to dismiss

Lackawanna’s

(2006) claims against them. We

have reviewed the record and find no reversible 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). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional

process.

AFFIRMED

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