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STATE v. SUPERIOR OIL, INC.

875 S.W.2d 658 (1994)

STATE of Tennessee, Plaintiff-Appellant, v. SUPERIOR OIL, INC., Kelly Taylor, David Shacklett, and William Bridges, Defendants-Appellees.

Supreme Court of Tennessee, at Nashville.

April 11, 1994.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter, Albert L. Partee, III, Sr. Counsel, Nashville, for plaintiff-appellant.

Gregory D. Smith, Clarksville, for appellee Taylor.

John E. Rogers, Sr., Carol L. Soloman, Nashville, for appellees Shacklett and Bridges.

OPINION

ANDERSON, Justice.

We are asked in this appeal to determine the constitutionality of the Water Quality Control Act of 1977, which requires that the district attorney general or the grand jury obtain permission from either the Water Quality Control Board or the Commissioner of the Department of Health and Environment before a warrant, presentment, or indictment may be issued for violation of the Act. The trial court upheld the constitutionality...

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