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ALABAMA SURFACE MINING RECLAMATION v. JOLLY

Civ. 1520.

362 So.2d 919 (1978)

ALABAMA SURFACE MINING RECLAMATION COMMISSION v. Oscar Dean JOLLY and Clyde Slatton.

Court of Civil Appeals of Alabama.

September 20, 1978.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Henry H. Caddell, Benjamin Cohen, Ronald J. F. Reeves, Jasper, Sarah K. Farnell, Edwin L. Yates, Asst. Attys. Gen., Montgomery, for appellant.

Jimmy Dale Williams, Birmingham, for appellees.

Robert M. Alton, Jr., of Alton, Leavell & Boggs, Montgomery, for the Alabama Dairy Commission, amicus curiae.

WRIGHT, Presiding Judge.

The Alabama Surface Mining Reclamation Commission, an agency created by the legislature, appeals from a judgment of the Circuit Court of Jefferson County reversing an order of the Commission finding defendants Jolly and Slatton in violation of the Alabama Surface Mining Reclamation Act of 1975. The judgment of the circuit court, though rendered after hearing de novo as provided by § 9-16-51(b), Code of Alabama (1975), was that the Commission...

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