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COM. v. MIC-BAR, INC.

No. 88-CA-703-MR.

765 S.W.2d 585 (1988)

COMMONWEALTH of Kentucky, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellant, v. MIC-BAR, INC., Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals February 24, 1989.

Attorney(s) appearing for the Case

Glenna Jo Curry, James J. Grawe, James L. Dickinson, Natural Resources and Environmental Protection Cabinet, Office of the Gen. Counsel, Frankfort, for appellant.

Gregory L. Hall, Johnson, Vanover & Hall, Pikeville, for appellee.

Before HAYES, MILLER and WEST, JJ.

WEST, Judge.

This appeal is from an order of the Pike Circuit Court which set aside an order of the Natural Resources and Environmental Protection Cabinet, (Cabinet), fining the Appellee, MIC-BAR, Inc., five thousand dollars ($5,000.00) for noncompliance with 405 KAR 8:010.

The evidence at the administrative hearing consisted of testimony of Mike Rowe and Billy Ratliff, mine inspectors for the Cabinet, and documentary evidence including notice of non-compliance...

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