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CORVERA ABATEMENT v. AIR CONSERVATION

No. 80570.

973 S.W.2d 851 (1998)

CORVERA ABATEMENT TECHNOLOGIES, INC., Respondent/ Cross-Appellant, v. AIR CONSERVATION COMMISSION and Missouri Department of Natural Resources, Appellants/ Cross-Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 25, 1998.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen Mitchell, Timothy P. Duggan, Asst. Attys. Gen., Jefferson City, for Appellants.

Stephen G. Jeffrey, Edward A. Cohen, Fernando Bermudez, Christopher N. Bolinger, St. Louis, for Respondents.

John R. Barsanti, Jr., Richard L. Waters, Julie A. Emmerich, Frank L. Pellegrini, St. Louis, for Amicus Curiae.

COVINGTON, Judge.

In 1994, the Air Conservation Commission of the State of Missouri ("Commission") promulgated 10 CSR 10-6.240, a regulation concerning asbestos abatement projects. The Commission then issued notices of violation of 10 CSR 10-6.240 to Corvera Abatement Technologies, Inc. ("Corvera"), a business involved in the removal of asbestos. On July 15, 1997, Corvera filed a ten count petition for declaratory and injunctive relief against the Commission and the...

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