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WESTERN ALFALFA CORP. v. AIR POLLUTION VARINANCE BD.

No. 71-494.

534 P.2d 796 (1975)

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 February 25, 1975.

Certiorari Granted May 22, 1975.

Attorney(s) appearing for the Case

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

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

Selected for Official Publication.

PIERCE, Judge.

This case is before our court pursuant to remand from the United States Supreme Court, Air Pollution Variance Board v. Western Alfalfa Corp., 416 U.S. 861, 94 S.Ct. 2114, 40 L.Ed.2d 607. Since our first opinion 1 was not selected for official publication, we will reiterate some of the pertinent facts.

On June 16, 1969, Western Alfalfa Corporation...

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