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STATE v. RICHMOND

Nos. 13102 and 13103.

36 Ohio Misc. 55 (1973)

THE STATE OF OHIO v. RICHMOND, D. B. A. RICHMOND CONTRACTING CO. THE STATE OF OHIO v. ACME SCRAP IRON & METAL CORPORATION.

Ashtabula Municipal Court.

Decided July 20, 1973.

Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, Mr. Bruce E. Cryder and Mr. George W. Pring, for plaintiffs.

Mr. C. M. Diamond, Mr. Gary Coxon and Mr. Ben M. Dreger, for defendants.

OLSEN, J.

An affidavit was filed by the Attorney General of Ohio alleging the defendant had violated the air pollution control regulation AP-3-08, contrary to R. C. 3704.05 (G). The defendant has filed a motion to quash the affidavit.

Regulation AP-3-08 provides:

"(A) No person shall cause or allow open burning, except as provided in Section (B) and (D) of this regulation."

R. C. 3704.05 (G) provides:

"(G) No person shall violate Chapter...

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