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STATE EX REL. NIXON v. BOONE

No. WD 52000.

927 S.W.2d 892 (1996)

STATE ex rel., Jeremiah W. NIXON, Missouri Air Conservation Comm'n, and Missouri Department of Natural Resources, Respondents, v. Elvin BOONE, d/b/a Inter City Metals, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 27, 1996.

Attorney(s) appearing for the Case

Sharlie Pender, Independence, for appellant.

Douglas E. Nelson, Assistant Attorney General, Jefferson City, for respondents.

Before ULRICH, C.J., P.J., and FENNER and BRECKENRIDGE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 27, 1996.

FENNER, Judge.

This matter comes before us after the Circuit Court of Jackson County granted a motion for summary judgment in favor of the Missouri Air Conservation Commission ("MACC"), and Missouri Department of Natural Resources ("MDNR"), and denied the competing motion for summary judgment of appellant Elvin Boone, d/b/a Inter City Metals ("ICM"). The questions presented by the...

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