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MID-CONTINENT RESOURCES, INC. v. LOOBY

No. 93CA0297.

877 P.2d 1385 (1994)

MID-CONTINENT RESOURCES, INC., a Delaware corporation, Plaintiff-Appellee, v. Thomas P. LOOBY, Director of Health & Environmental Protection, Colorado Department of Health; Division of Administration, Colorado Department of Health; Water Quality Control Division, Colorado Department of Health; Department of Health, State of Colorado, an agency of the State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

June 30, 1994.

Attorney(s) appearing for the Case

Delaney & Balcomb, P.C., Edward Mulhall, Jr., Glenwood Springs, for plaintiff-appellee.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Amelia S. Whiting, Asst. Atty. Gen., Denver, for defendants-appellants.

Opinion by Judge RULAND.

Following an evidentiary hearing, a hearing officer determined that plaintiff, Mid-Continent Resources, Inc., violated a permit issued by defendant, Water Quality Control Division of the Colorado Department of Health. On review, this order was affirmed by the Colorado Department of Health (Department).

In response to Mid-Continent's complaint for judicial review, the district court vacated the order. The Department appeals, and we...

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