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BURGESS MINING & CONST. CORP. v. STATE EX REL. BAXLEY

Civ. 385.

312 So.2d 842 (1975)

BURGESS MINING AND CONSTRUCTION CORPORATION, a corporation, v. STATE of Alabama ex rel. William J. BAXLEY, Attorney General.

Court of Civil Appeals of Alabama.

Rehearing Denied February 5, 1975.

Attorney(s) appearing for the Case

Zeanah, Donald, Lee & Williams, and Wilbor J. Hust, Jr., Tuscaloosa, for appellant.

William J. Baxley, Atty. Gen., L. G. Kendrick and Frederick S. Middleton, III, Asst. Attys. Gen., for the State of Alabama.

WRIGHT, Presiding Judge.

This is an appeal from a judgment assessing civil penalties for discharging pollution into a stream of the state.

Defendant, Burgess Mining and Construction Company was charged by the State of Alabama with discharging pollution into the Cahaba River in Bibb County, Alabama on several occasions in April and May of 1973 without first having obtained a permit from the Alabama Water Improvement Commission. The action was brought under...

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