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  5. 874 S.W.2d 380 (1994)
 

MO. HOSP. ASS'N v. AIR CONSERVATION COM'N

No. WD 47706.

874 S.W.2d 380 (1994)

MISSOURI HOSPITAL ASSOCIATION, and Associated Industries of Missouri, Respondents, v. AIR CONSERVATION COMMISSION, et al., Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 29, 1994.

Application to Transfer Denied May 26, 1994.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Timothy P. Duggan, Asst. Atty. Gen., Jefferson City, for appellants.

Lori Levine, Jefferson City, for Missouri Hosp. Ass'n.

Julie A. Emmerich, St. Louis, for Associated Industries of Missouri.

Before TURNAGE, C.J., and ULRICH and ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 29, 1994.

ELLIS, Judge.

The Air Conservation Commission of Missouri (Commission) and the Missouri Department of Natural Resources (Department), hereinafter collectively referred to as the "State," appeal an order of the Circuit Court of Cole County granting summary judgment for declaratory and permanent injunctive relief to the Missouri Hospital Association (MHA) and Associated Industries of...

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