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PEABODY COAL CO. v. RALSTON

No. 83A01-9103-CV-76.

578 N.E.2d 751 (1991)

PEABODY COAL COMPANY, Appellant-Plaintiff, v. Patrick R. RALSTON, As Director of the Indiana Department of Natural Resources, Appellee-Defendant.

Court of Appeals of Indiana, First District.

September 25, 1991.

Attorney(s) appearing for the Case

David R. Joest, Peabody Coal Co., Henderson, Ky., for appellant-plaintiff.

Linley E. Pearson, Atty. Gen., Myra P. Spicker, Deputy Atty. Gen., Dept. of Natural Resources, Indianapolis, for appellee-defendant.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Peabody Coal Company (Peabody) appeals a judgment for Patrick R. Ralston, as Director of the Indiana Department of Natural Resources (DNR) in an action for judicial review of an agency determination, which affirmed blasting violations by Peabody. We reverse and remand.

ISSUE1

We restate the issue on appeal as:

Did the trial court err in affirming DNR's decision...

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