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STATE v. MALONE SERVICE CO.

No. A14-89-01132-CV.

853 S.W.2d 82 (1993)

The STATE of Texas, Appellant, v. MALONE SERVICE COMPANY, Arthur Lee Malone and Larry Malone, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied May 20, 1993.

Attorney(s) appearing for the Case

Thomas E. Bilek, Jacalyn D. Scott, Houston, for appellant.

Brian E. Berwick, Nancy E. Olinger, Austin, for appellees.

Before J. CURTISS BROWN, C.J., and JUNELL and MURPHY, JJ.

OPINION ON REMAND

J. CURTISS BROWN, Chief Justice.

This environmental enforcement action sought by the attorney general's office against the operators of a hazardous waste disposal plant comes to this Court on remand from the supreme court, 829 S.W.2d 763 (Tex.1992), cert. denied ___ U.S. ___, 113 S.Ct. 464, 121 L.Ed.2d 372. At trial, the jury assessed more than $3 million in penalties against Malone Service Company...

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