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STATE v. MODERN RECYCLING, INC.

No. C5-96-1336.

558 N.W.2d 770 (1997)

STATE of Minnesota, by its Attorney General, Hubert Humphrey, III, and its Minnesota Pollution Control Agency, Petitioners, Respondents, v. MODERN RECYCLING, Incorporated, et al., Appellants.

Court of Appeals of Minnesota.

February 11, 1997.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, Adonis A. Neblett, Assistant Attorney General, St. Paul, for Respondents.

Wayne B. Holstad, Holstad and Larson, P.L.C., St. Paul, for Appellants.

Considered and decided by PETERSON, P.J., and PARKER and WILLIS, JJ.

OPINION

PETERSON, Judge.

Respondent Minnesota Pollution Control Agency (MPCA) issued an administrative penalty order (APO) against appellant Modern Recycling, Inc. Modern did not request an administrative hearing to challenge the APO, and the attorney general petitioned the district court to file the APO as a court order. Based on its conclusions that MPCA followed statutory procedures for issuing an APO and that appellant Roger DuPaul was personally liable...

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