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AMERICAN SMELT. & R. CO., HAYDEN v. ARIZ. A.P.C.H.B

No. 1 CA-CIV 2615.

24 Ariz. App. 66 (1975)

535 P.2d 1070

AMERICAN SMELTING AND REFINING COMPANY, HAYDEN SMELTER, Appellant, v. ARIZONA AIR POLLUTION CONTROL HEARING BOARD; Division of Air Pollution Control of the Arizona State Department of Health and Arthur A. Aymar, Director, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied August 6, 1975.

Review Granted October 7, 1975.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, P.C. by Harold J. Bliss, Jr., Phoenix, for appellant.

Bruce E. Babbitt, Atty. Gen., by Patrick M. Murphy, Asst. Atty. Gen., Phoenix, for appellees.

OPINION

FROEB, Judge.

We note at the outset that this case has very little to do with air pollution. What it does have to do with is the legal snarl which arises when an administrative agency and the court compete for jurisdiction. In this case the proceedings of both the Air Pollution Control Board and the court have been intermixed like scrambled eggs. We now have the task of unscrambling the eggs so that the appellant and appellees can get on with matters...

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