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ROSS NEELY EXP., INC. v. ALA. DEPT. OF ENVIRON. MANAGEMENT

No. 81-1017.

437 So.2d 82 (1983)

ROSS NEELY EXPRESS, INC. v. ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT.

Supreme Court of Alabama.

Rehearing Denied September 16, 1983.

Attorney(s) appearing for the Case

George M. Boles of Boles & Davis, Birmingham, for appellant.

Kerry J. Allen, Asst. Atty. Gen., for appellee.

ADAMS, Justice.

This is an appeal from a judgment of the Circuit Court of Montgomery County, enjoining Ross Neely Express, Inc. (RNE) from violating certain rules and regulations of the Alabama Department of Environmental Management (ADEM). In issuing the injunction, the trial court found that RNE was in violation, and that the rules violated were not unconstitutional. The pertinent portions of the rules allegedly violated are as follows:

4.2.1 No person...

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