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EX PARTE MARSHALL DURBIN & CO. OF JASPER, INC.

86-1214.

537 So.2d 496 (1988)

Ex parte MARSHALL DURBIN & COMPANY OF JASPER, INC. (In re MARSHALL DURBIN & COMPANY v. ALABAMA DEPT. OF ENVIRONMENTAL MANAGEMENT and Jasper Utilities Board).

Supreme Court of Alabama.

Rehearing Denied November 18, 1988.

Attorney(s) appearing for the Case

Barry A. Ragsdale of Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, Birmingham, for petitioner.

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

ALMON, Justice.

Marshall Durbin & Company of Jasper, Inc., petitioned this Court for a writ of certiorari, seeking review of the affirmance by the Court of Civil Appeals, 537 So.2d 490 of the judgment of the Circuit Court of Jefferson County. The circuit court dismissed Marshall Durbin's appeal from the dismissal of its action before the Environmental Management Commission ("EMC").

On December 5, 1985, the Alabama Department...

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