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FREDERICK v. AIR POLLUTION CONTROL DIST.

No. 89-SC-000038-DG.

783 S.W.2d 391 (1990)

Earl T. FREDERICK and Frances S. Frederick, Individually and on behalf of all others similarly situated, Movants, v. AIR POLLUTION CONTROL DISTRICT OF JEFFERSON COUNTY and Robert Offutt, Director, Air Pollution Control District of Jefferson County, Individually, and in his official capacity, Respondents.

Supreme Court of Kentucky.

January 18, 1990.

Attorney(s) appearing for the Case

Theodore H. Amshoff, Jr., Robert Michael Stevenson, James William Turner, Jr., Louisville, for movants.

Eugene L. Mosley, Evan G. Perkins, Gaylord B. Ballard, Louisville, Frederick J. Cowan, Atty. Gen., David R. Vandeventer, Asst. Atty. Gen., Frankfort, for respondents.

OPINION OF THE COURT

The Kentucky Supreme Court hereby affirms the decision of the Court of Appeals to reverse and remand on the direct appeal and to affirm on the cross-appeal in this matter. This Court adopts the opinion of the Court of Appeals which is as follows:

"Nos. 87-CA-1403-MR and 87-CA-1456-MR Air Pollution Control District of Jefferson County...

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