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STATE v. BYRD

No. 96-KA-2302.

708 So.2d 401 (1998)

STATE of Louisiana v. Timothy G. BYRD, Sr., Morris Peltier and Peter F. Nicolosi.

Supreme Court of Louisiana.

Rehearing Denied April 24, 1998.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Michael Harson, District Attorney, Mary P. Jones, Kathleen E. Petersen, Baton Rouge, for Applicant.

Patrick R. Bossetta, New Orleans, Mark R. Tammariello, Patrick J. Hanna, Lafayette, for Respondent.

Ann C. Coco, John B. King, Baton Rouge, for Amicus Curiae Department of Environmental Quality.

JOHNSON, Justice.*

In this case, we must decide whether the trial court erred in holding a state statute unconstitutional on the basis of vagueness. The defendants were indicted for violating La. R.S. 30:2183(G)(1) by knowingly storing hazardous waste at their Marco of Iota, Inc. facility located on Louisiana Highway 370 in Acadia Parish. Following a hearing on defendants' motion, the trial judge...

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