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STATE v. LACKEY

No. 53,952

232 Kan. 478 (1983)

657 P.2d 40

STATE OF KANSAS, Appellant, v. ERNEST L. LACKEY, PRESIDENT OF LACKEY TANK SERVICE, INC., Appellee.

Supreme Court of Kansas.

Opinion filed January 14, 1983.

Attorney(s) appearing for the Case

Philip D. Lunt, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for the appellant.

William L. Mitchell, of Mitchell & Henry, of Hutchinson, argued the cause, and Randall C. Henry, of the same firm, was with him on the brief for the appellee.

Brian J. Moline, general counsel, and John Jay Rosacker, assistant general counsel, were on the amicus curiae brief for the State Corporation Commission.

The opinion of the court was delivered by

WILLIAM D. CLEMENT, District Judge, Assigned:

The State of Kansas appeals the dismissal of a criminal complaint filed against Lackey Tank Service, Inc., for an alleged violation of K.S.A. 1981 Supp. 55-904(a)(1). It was claimed appellee's tank truck operator dumped salt water from the truck onto a country road in Pratt County, Kansas. The trial court held K.S.A. 1981 Supp. 55-904(a)(1). violated the Constitution...

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