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WESTERN ALFALFA CORP. v. AIR POLLUTION VARIANCE BD.

No. 71-494.

510 P.2d 907 (1973)

WESTERN ALFALFA CORPORATION, a Kansas corporation, Petitioner-Appellee, v. AIR POLLUTION VARIANCE BOARD of the State of Colorado, Respondent-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 24, 1973.

Certiorari Denied June 25, 1973.

Attorney(s) appearing for the Case

Linde, Thomson, Van Dyke, Fairchild & Langworthy, George D. Blackwood, Kansas City, Mo., Houtchens, Houtchens & Dooley, S. Robert Houtchens, Greeley, Lee, Bryans, Kelly & Stansfield, Donald D. Cawelti, Denver, for petitioner-appellee.

Duke W. Dunbar, Atty. Gen., William Tucker, Asst. Atty. Gen., Denver, for respondent-appellant.

Not Selected for Official Publication.

PIERCE, Judge.

On June 16, 1969, Western Alfalfa Corporation received a cease and desist order from the Division of Administration of the Colorado Department of Health (Division) advising them that the emissions from three of their plants in Northern Colorado were not in compliance with the Air Pollution Control Act (Act), and ordering them pursuant to the provisions of 1967 Perm. Supp., C.R.S.1963, 66-29-10(3), to cease...

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