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M. DURBIN & CO. OF JASPER, INC. v. ALA. DEPT. OF ENV. MGMT.

Civ. 5625.

537 So.2d 490 (1987)

MARSHALL DURBIN & COMPANY OF JASPER, INC. v. ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and Jasper Utilities Board.

Court of Civil Appeals of Alabama.

Rehearing Denied June 10, 1987.

Attorney(s) appearing for the Case

C. Lee Reeves and Barry A. Ragsdale of Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, Birmingham, for appellant.

Olivia Hardy Hudgins and David A. Ludder, Montgomery, for appellee.

PER CURIAM.

This case involves an appeal from the Circuit Court of Jefferson County's dismissal of plaintiff Marshall Durbin's action before the Environmental Management Commission (Commission).

Marshall Durbin & Company of Jasper (Marshall Durbin) operates a poultry processing plant in Jasper, Alabama and discharges wastes into a sewage treatment plant operated by the Jasper Utilities Board (the Board). During the summer of 1985 the Board decided to expand...

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