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MALONE OIL CO. v. DEPARTMENT OF HEALTH & ENVIRONMENT

No. 55,951

234 Kan. 1066 (1984)

677 P.2d 546

MALONE OIL COMPANY, Appellant, v. THE DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellee.

Supreme Court of Kansas.

Opinion filed February 18, 1984.

Attorney(s) appearing for the Case

Thomas E. Malone, of Redmond, Redmond, O'Brien and Nazar, of Wichita, argued the cause and was on the brief for appellant.

Emily E. Cameron, of Kansas Department of Health and Environment, argued the cause and L. Patricia Casey, of KDHE, was with her on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Defendant Department of Health and Environment (KDHE) assessed a $250.00 civil penalty against plaintiff Malone Oil Company, a partnership, for failure to report a salt water spill. Plaintiff appealed to the district court and the administrative order was sustained. Plaintiff now seeks appellate review.

Malone Oil Company is a family partnership which was organized in 1971 for the purpose of...

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