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CHASTAIN v. TENN. WATER QUALITY CONTROL BD.

555 S.W.2d 113 (1977)

A.F. CHASTAIN, Petitioner, v. TENNESSEE WATER QUALITY CONTROL BOARD, Respondent.

Supreme Court of Tennessee.

September 6, 1977.

Attorney(s) appearing for the Case

Robert L. McMurray, Bell, Painter, McMurray, Callaway, Brown & Mashburn, Cleveland, for petitioner.

William B. Hubbard, Asst. Atty. Gen., Nashville, for respondent.

OPINION

BROCK, Justice.

The petitioner, A.F. Chastain, seeks review of an assessment of damages in the sum of $2,676.13 against him by the Commissioner of the Tennessee Department of Public Health for an alleged fish kill which occurred in the Little Wolftever Creek in Hamilton County. The assessment was made by the Commissioner pursuant to T.C.A. § 70-338, which directs the Commissioner to assess damages against one who kills fish in a public stream...

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