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AMERICAN SAND AND GRAVEL CO. v. TATUM

No. 90-CC-1258.

620 So.2d 557 (1993)

AMERICAN SAND AND GRAVEL COMPANY and Mississippi Commission on Environmental Quality v. Joseph TATUM and Mary Tatum.

Supreme Court of Mississippi.

June 17, 1993.

Attorney(s) appearing for the Case

John A. Crawford, O. Kendall Moore, John C. Henegan, Butler Snow O'Mara Stevens & Cannada, Ernest O. Spencer III, Spencer Tyra Crecink Marine & McKnight, Jayne L. Buttross, Jackson, for appellant.

Erik M. Lowrey, Hattiesburg, for appellee.

William L. Smith, Brunini Grantham Grower & Hewes, W. Bruce McKinley, David W. Mockbee, Phelps Dunbar, Jackson, for amicus curiae.

EN BANC.

ON PETITION FOR REHEARING

PRATHER, Presiding Justice, for the Court:

I. INTRODUCTION

On petition for rehearing, the original opinion of the Court is withdrawn and this opinion substituted therefor.

Joseph ("Chip") and Mary Tatum live in a secluded home located approximately 50 feet from the Bouie River in Forrest County, Mississippi. On September 18, 1988, they filed a petition with the Bureau of Geology of the Mississippi Department of...

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