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ALA. AIR POLLUTION CONTROL COM'N v. REPUBLIC STEEL CORP.

No. 80-7328.

646 F.2d 210 (1981)

ALABAMA AIR POLLUTION CONTROL COMMISSION and the State of Alabama, etc., Plaintiffs-Appellants, v. REPUBLIC STEEL CORPORATION, a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

May 29, 1981.

Attorney(s) appearing for the Case

Benjamin Cohen, David A. Ludder, Darvin E. Morris, Asst. Attys. Gen., Montgomery, Ala., for plaintiffs-appellants.

Thomas, Taliaferro, Forman, Burr & Murray, J. Ross Forman, III, Birmingham, Ala., for defendant-appellee.

Before TJOFLAT, HATCHETT and THOMAS A. CLARK, Circuit Judges.

HATCHETT, Circuit Judge:

In this appeal, the Alabama Air Pollution Control Commission (Commission) urges us to: (1) reverse a finding by the trial court that steel-making constitutes three separate and distinct processes within the meaning of section 1.2.1 of the Commission's rules and regulations, and (2) impose sanctions on Republic Steel Corp. (Republic Steel). Partially agreeing with the Commission, we hold that steel-making constitutes one process within the...

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