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PENICK v. COM'N ON NATURAL RESOURCES

No. 58028.

533 So.2d 179 (1988)

Eugene B. PENICK, Jr., d/b/a Penick Forest Products v. MISSISSIPPI COMMISSION ON NATURAL RESOURCES.

Supreme Court of Mississippi.

October 26, 1988.

Attorney(s) appearing for the Case

J. Niles McNeel, McNeel & Ballard, Louisville, for appellant.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by J. Arthur Prestage, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and SULLIVAN and ZUCCARO, JJ.

ROY NOBLE LEE, Chief Justice, for the Court:

Eugene B. Penick, Jr., operator of a creosoting plant in Noxubee County, was ordered by the Bureau of Natural Resources to obtain a permit for its operation. He appealed the order of the full commission to the Chancery Court of Noxubee County, which upheld the order of the Bureau. He has appealed to this Court and assigns three (3) errors in the proceedings below.

Facts

In 1950, Mr. Woody Jones...

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