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LLOYD A. FRY ROOF CO. v. STATE DEPT. OF AIR POL., ETC.

No. 27093.

553 P.2d 800 (1976)

LLOYD A. FRY ROOFING COMPANY, a corporation, Plaintiff-Appellant, v. The STATE of Colorado DEPARTMENT OF HEALTH AIR POLLUTION VARIANCE BOARD, and their successors in office from time to time, et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 13, 1976.

Attorney(s) appearing for the Case

Rothgerber, Appel & Powers, Ira C. Rothgerber, Jr., Robert S. Slosky, Denver, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Mary J. Mullarkey, First Asst. Atty. Gen., David K. Rees, Gene A. Lucero, Gregory J. Hobbs, Jr., Asst. Attys. Gen., Denver, for defendants-appellees.

Michael L. Gilbert, Denver, for The Globeville Civic Assn.

ERICKSON, Justice.

On appeal, the appellant, Lloyd A. Fry Roofing Company, Inc. [hereinafter designated as Fry Roofing Company], challenges a district court order which imposed a fine and an injunction against the appellant in accordance with the "enforcement provisions" of the Air Pollution Control Act of 1970. Section 25-7-101, et seq., C.R.S. 1973.1 We affirm in part, reverse in part, and remand with directions.

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