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HARDAGE v. ATKINS

No. 77-1613.

582 F.2d 1264 (1978)

Royal N. HARDAGE, Appellant, v. Walter D. ATKINS, Acting Commissioner of Health, State of Oklahoma, and H. A. Caves, Director, Industrial and Solid Waste Division, Department of Health, State of Oklahoma, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided September 11, 1978.

Attorney(s) appearing for the Case

Clyde A. Muchmore, Oklahoma City, Okl. (Richard C. Ford of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., on brief), for appellant.

Amalija J. Hodgins, Asst. Atty. Gen., Oklahoma City, Okl. (Larry Derryberry, Atty. Gen. of Okl. and Barbara G. Rauch, Oklahoma City, Okl., on brief), for appellees.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

The issue to be resolved is whether a statute of the state of Oklahoma regulating the disposal of controlled industrial waste is in conflict with the Commerce Clause of the United States Constitution, Article I, section 8, clause 3.

Oklahoma has enacted comprehensive legislation regulating the disposal of industrial waste. 63 O.S. § 2751, et seq. Controlled industrial waste is defined in 63 O.S. § 2752 as being:...

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