National Pain & Coatings Assoc. v. Delaware Dept. of Natural Resources

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IN THE SUPREME COURT OF THE STATE OF DELAWARE NATIONAL PAINT & COATINGS ASSOC., THE SHERWIN-WILLIAMS CO., AMERON INTERNATIONAL CORP., RUST-OLEUM CORP., THE VALSPAR CORP., TEXTURED COATINGS OF AMERICA, INC. AND TRUE VALUE MANUFACTURING CO., Appellants Below, Appellants, v. DELAWARE DEPT. OF NATURAL RESOURCES & ENVIRONMENT CONTROL & DELAWARE ENVIRONMENTAL APPEALS BOARD, Appellees Below, Appellees. § § § § § § § § § § § § § § § § § § § § § No. 121, 2004 Court Below Superior Court of the State of Delaware, in and for Kent County C.A. No. 03A-06-003 Submitted: December 17, 2004 Decided: January 12, 2005 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 12th day of January 2005, the Court, having considered this matter after oral argument and on the briefs and supplemental memoranda filed by the parties, has determined that the final judgment of the Superior Court should be affirmed, on the basis of and for the reasons assigned by the Superior Court in its decision dated February 26, 2004. NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice 2

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