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HARRIS COUNTY v. ALLWASTE TANK CLEANING,INC.

No. 01-90-00862-CV.

808 S.W.2d 149 (1991)

HARRIS COUNTY, the STATE of Texas, the Texas Air Control Board, and the Texas Water Commission, Appellants, v. ALLWASTE TANK CLEANING, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 4, 1991.

Attorney(s) appearing for the Case

Terry O'Rourke, Asst. County Atty., David Preister, Asst. Atty. Gen., Austin, for appellants.

Robert A. Shults, Timothy J. Hogan, Houston, for appellee.

Before EVANS, C.J., and WILSON and COHEN, JJ.

OPINION

WILSON, Justice.

This is an appeal from an order denying a request for a temporary injunction. The appeal asks whether the appellee, Allwaste Tank Cleaning, Inc., can legally operate its business without a Clean Air Act permit, but rather on the authority, if any, of an agreed Air Control Board order issued following earlier proceedings.

In March 1990, the plaintiff and appellant, Harris County, sued the defendant and appellee, Allwaste Tank...

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