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COM. NATURAL RES. & ENVIRON. PROT. v. NEACE

No. 1998-SC-0742-DG.

14 S.W.3d 15 (2000)

COMMONWEALTH of Kentucky NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellant, v. Sherman NEACE, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 20, 2000.

Attorney(s) appearing for the Case

James D. Brannen, Randall S. Royer, Office of Legal Services, Frankfort, for appellant.

Shelby C. Kinkead, Jr., Kinkead & Stilz, Lexington, for appellee.

WINTERSHEIMER, Justice.

This appeal is from an opinion of the Court of Appeals vacating a judgment of the Franklin Circuit Court which had ordered Sherman Neace to pay $844,050 in penalties and fines assessed by the Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet against N.W. Coal, Inc. The Court of Appeals remanded the case to the circuit court in order to determine whether Neace was still...

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