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DUKE CITY LUMBER CO. v. N.M. ENV. IMP. BD.

Nos. 5954/6066.

690 P.2d 451 (1984)

102 N.M. 8

DUKE CITY LUMBER COMPANY, Petitioner, v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD and New Mexico Environmental Improvement Division, Respondents.

Court of Appeals of New Mexico.

Certiorari Quashed October 25, 1984.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, John R. Cooney, Larry P. Ausherman, Albuquerque, for petitioner.

Paul Bardacke, Atty. Gen., Herbert M. Silverberg, Asst. Atty. Gen., Santa Fe, for Board.

Bruce S. Garber, Weldon L. Merritt, Jane C. Cohen, Asst. Attys. Gen., Santa Fe, for Division.

OPINION

BIVINS, Judge.

Following review, the Supreme Court reversed this Court's opinion filed June 28, 1983, and remanded for further review.

Duke City Lumber Company applied to the New Mexico Improvement Board (Board) for a one year variance from Air Quality Control Regulation 402(A). Following review of the denial of the application, this Court in Duke City Lumber Co. v. New Mexico Environmental Improvement Board, 95 N.M...

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