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OKLAHOMA ST. DEPT. OF HEALTH v. LAMBERTON

No. 78-1292.

582 F.2d 1267 (1978)

OKLAHOMA STATE DEPARTMENT OF HEALTH and Oklahoma Water Resources Board, Appellants, v. W. J. LAMBERTON, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 11, 1978.

Attorney(s) appearing for the Case

Amalija J. Hodgins, Asst. Atty. Gen., Oklahoma City, Okl. (Larry Derryberry, Atty. Gen. of Okl., Oklahoma City, Okl., on brief), for appellants.

Roger R. Scott, Oklahoma City, Okl. (Terry R. Doverspike and Pray, Scott, Williamson & Marlar, Oklahoma City, Okl., on brief), for appellee.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a companion case to Hardage v. Atkins, 582 F.2d 1264 (10th Cir. 1978). Our opinion in Hardage has been filed contemporaneously with the filing of this opinion. The reader of the present opinion should read Hardage, as background material recited therein will not be repeated here.

In the instant case, Lamberton, a disposer of controlled industrial waste in Tulsa, Oklahoma...

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