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NATURAL RES. & ENV. P. CABINET v. COLEMAN

No. 93-CA-343-MR.

876 S.W.2d 614 (1993)

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellant, v. James A. COLEMAN, Appellee.

Court of Appeals of Kentucky.

Ordered Published by Court of Appeals March 11, 1994.

Attorney(s) appearing for the Case

S. Bradford Smock, Dept. of Law, Frankfort, for appellant.

John David Preston, Perry & Preston, Paintsville, for appellee.

Before LESTER, C. J., and DYCHE and WILHOIT, JJ.

OPINION

DYCHE, Judge.

The Natural Resources and Environmental Protection Cabinet [hereinafter "the Cabinet"] appeals from a January 29, 1993, judgment of the Martin Circuit Court which reversed that portion of the Cabinet Secretary's October 19, 1990, order which held James A. Coleman, appellee herein, individually liable, pursuant to KRS 350.990(9), for payment of $4,300.00 in civil penalties assessed for violations of the surface mining laws and regulations...

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