CRAWLEY, Judge.
The Alabama Surface Mining Commission sued Johnny Cupps, d/b/a Cupps Trucking Company, seeking an injunction to prohibit Cupps from excavating coal in north Jefferson County without a permit. Cupps answered, alleging that he was exempt from the permit requirement. The case proceeded to a bench trial on June 15, 1999.
After hearing two witnesses—Cupps, as an adverse witness, and Dr. Randy Johnson, executive director of the Commission...
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