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HARDAGE v. ATKINS

No. 79-1147.

619 F.2d 871 (1980)

Royal N. HARDAGE, Plaintiff-Appellee, 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, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided April 14, 1980.

Attorney(s) appearing for the Case

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

John F. Percival, Norman, Okl. (Jan Eric Cartwright, Atty. Gen., J. Gregory Thomas, Asst. Atty. Gen., and Amalija J. Hodgins, Gen. Counsel, Oklahoma State Dept. of Health, Oklahoma City, Okl., with him, on brief), for defendants-appellants.

Roger R. Scott and Terry R. Doverspike of Pray, Scott, Williamson & Marlar, Tulsa, Okl., amicus curiae, for W. J. Lamberton.

Before SETH, Chief Judge, and DOYLE and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from a final judgment of the United States District Court for the Western District of Oklahoma. Reversal is sought of a judgment of the district court which held that a section of the Oklahoma Waste Disposal Act was unconstitutional. Okla.Stat. tit. 63, § 2764 (Supp. 1978). The court held that the provision in question violated the Commerce Clause, Article I, Section 8 of the U.S. Constitution. The court also...

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