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UNITED COPPER INDUSTRIES, INC. v. GRISSOM

No. 03-99-00117-CV.

17 S.W.3d 797 (2000)

UNITED COPPER INDUSTRIES, INC. and Texas Natural Resource Conservation Commission, Appellants, v. Joe GRISSOM, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 15, 2000.

Attorney(s) appearing for the Case

Brian E. Berwick, Cynthia Woelk, Asst. Atty. Gen., Natural Resources Division, Austin, Richard W. Lowerre, Henry, Lowerre, Johnson, Hess & Frederick, Austin, for Appellants.

Keith A. Courtney, Jenkens & Gilchrist, Austin, for appellee.

Before Justices JONES, KIDD and PATTERSON.

ON MOTION FOR REHEARING

MACK KIDD, Justice.

We withdraw our original opinion and judgment issued February 3, 2000, and substitute this one in its place.

This is a suit for judicial review of a Texas Natural Resource Conservation Commission (the "TNRCC" or "Commission") order granting an air quality permit application submitted by United Copper Industries, Inc. ("United Copper") and denying Joe Grissom's request for a preliminary adjudicative hearing...

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