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KERLEY INDUSTRIES, INC. v. PIMA COUNTY

No. 85-1910.

785 F.2d 1444 (1986)

KERLEY INDUSTRIES, INC., a Delaware Corporation; and Kerley Mining Chemical, Inc., an Arizona Corporation, Plaintiffs-Appellants, v. PIMA COUNTY, a political subdivision of the State of Arizona; et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1986.

Attorney(s) appearing for the Case

Steven Weatherspoon, Chandler, Tullar, Udall & Redhair, Tucson, Ariz., for plaintiffs-appellants.

Richard M. Rollman, Jones, Dickerman, Nuckolls, Edward & Smith, P.C., Tucson, Ariz., for defendants-appellees.

Before SNEED and KOZINSKI, Circuit Judges, and SOLOMON, Senior District Judge.

KOZINSKI, Circuit Judge.

I.

Kerley Industries owns and operates a chemical plant in Pima County, Arizona. In October 1982, it obtained from the Pima County Air Quality Control District a permit to install facilities that would enable it to manufacture a chemical reagent known as KI-200. The new facilities were installed and Kerley began testing them in early 1984. On August 23, 1984, Kerley applied for an operating permit. Although an operating permit was...

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