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CF & I STEEL v. COLO. AIR POLLUTION CONTROL

No. 77-804.

640 P.2d 238 (1981)

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 August 13, 1981.

Certiorari Granted January 18, 1982.

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.

CF & I Steel Corporation (CF & I) brought suit pursuant to the Administrative Procedure Act, § 24-4-101 et seq., C.R.S. 1973, and the Colorado Air Pollution Control Act of 1970, § 25-7-101 et seq., C.R.S. 1973, to determine the validity of Section II.D. Air Pollution Control Commission Regulation No. 1, promulgated by the Colorado Air Pollution Control Commission (Commission). The trial court upheld § II.D. of the regulation and...

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