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MEDX, INC. v. TEMPLET

No. 93 CA 0077.

633 So.2d 311 (1993)

MEDX, INC. d/b/a MEDX, Inc. of Florida v. Paul H. TEMPLET, in his Official Capacity as Secretary of the Department of Environmental Quality, State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 26, 1994.

Writ Denied April 7, 1994.

Attorney(s) appearing for the Case

Tom W. Thornhill, Slidell, for plaintiff-appellee MEDX, Inc.

Harry B. Ward, Baton Rouge, for defendant-appellant State of La., and Kai D. Midboe, in his capacity as Secretary of the Dept. of Environmental Quality.

Terry E. Allbritton, Tulane Law School, New Orleans, for amici curiae—League of Women Voters.

Before EDWARDS, CRAIN and LeBLANC, JJ.

LeBLANC, Judge.

This appeal is taken from a district court judgment granting a mandamus and injunctive relief based on the court's finding that DEQ acted improperly in denying a medical waste permit to MEDX, Inc. We reverse, finding the district court lacked jurisdiction to render the judgment.

FACTS

In April of 1989, MEDX submitted an application to the Department of Environmental Quality (DEQ) for a infectious waste incinerator permit. After receiving...

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