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CF & I STEEL v. COLO. AIR POL. CON. COM'N

No. 77-804.

606 P.2d 1306 (1978)

CF & I STEEL CORPORATION, Plaintiff-Appellant, v. The COLORADO AIR POLLUTION CONTROL COMMISSION, The Division of Administration, Colorado Department of Health; the Air Pollution Control Division of the Division of Administration, Colorado Department of Health, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 11, 1979.

Certiorari Granted March 19, 1979.

Attorney(s) appearing for the Case

Welborn, Dufford, Cook & Brown, David W. Furgason, William C. Robb, John D. Faught, Denver, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Gregory J. Hobbs, Jr., First Asst. Atty. Gen., Janet L. Miller, Asst. Atty. Gen., Denver, for defendants-appellees.

SMITH, Judge.

The plaintiff, CF & I Steel Corporation (CF & I), appeals from a declaratory judgment in favor of defendant, the Colorado Air Pollution Control Commission (Commission). We set aside the judgment and remand with directions to dismiss the action.

CF & I brought this action to challenge the Commission's promulgation of what is known as the "fugitive dust regulation," Air Pollution Control Commission Regulation 1, § II.D. The regulation...

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