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  5. 840 S.W.2d 172 (1992)
 

MATTER OF SUGARLOAF MIN. CO.

No. 92-409.

840 S.W.2d 172 (1992)

310 Ark. 772

In the Matter of SUGARLOAF MINING COMPANY PERMIT NO. P-272-CO. BANCO PORTUGUES DO ATLANTICO, Appellant, v. ARKANSAS DEPARTMENT OF POLLUTION CONTROL & ECOLOGY, Appellee.

Supreme Court of Arkansas.

Supplemental Opinion on Denial of Rehearing December 14, 1992.

Attorney(s) appearing for the Case

S. Walton Maurras, Fort Smith, for appellant.

Ann P. Faitz, Steve Weaver, Little Rock, for appellee.

NEWBERN, Justice.

This is an appeal from the final order of the Circuit Court of Sebastian County, Greenwood District, which affirmed Minute Order 91-01 issued by the Arkansas Department of Pollution Control and Ecology Commission (PC & E), the appellee. That order required forfeiture of a letter of credit issued by Banco Portugues Do Atlantico (Banco), the appellant. We conclude it was error to permit the forfeiture...

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