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STATE BY WOYKE v. TONKA CORP.

No. C6-87-1550.

420 N.W.2d 624 (1988)

STATE of Minnesota, by Theodore WOYKE, etc., et al., Appellants, v. TONKA CORPORATION, Respondent.

Court of Appeals of Minnesota.

Review Denied May 4, 1988.

Attorney(s) appearing for the Case

Timothy R. Thornton, Sue Halverson, Peter Hapke, Hart, Bruner, O'Brien & Thornton, Minneapolis, Wyman A. Nelson, Nelson, Nelson & Paulson, Cokato, for appellants.

Duane A. Arndt, Arndt & Benton, Peter S. Hendrixson, Becky A. Comstock, Dorsey & Whitney, Minneapolis, for respondent.

Heard, considered and decided by WOZNIAK, C.J., and PARKER and LANSING, JJ.

OPINION

PARKER, Judge.

In September 1982 the Minnesota Pollution Control Agency (MPCA) received an anonymous tip that hazardous waste from Tonka Corporation had been improperly disposed of at the Theodore Woyke farm. Upon investigation, MPCA officials discovered approximately 300 paint and oil barrels at the Woyke farm, some containing benzene and trichlorethelene (TCE), materials the MPCA defines as hazardous. Soil analysis indicated that leakage and use...

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