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WILSON v. TRIANGLE OIL CO.

566 A.2d 1016 (1989)

John E. WILSON, III, Secretary, Department of Natural Resources and Environmental Control of the State of Delaware, Plaintiff, v. TRIANGLE OIL COMPANY, a Maryland corporation; Tri-State Oil Company, Inc., a Delaware corporation; Ralph E. Davis, Inc., a Delaware corporation; Ralph E. Davis and Margaret L. Davis, his wife; and Sun Refining and Marketing Company, a Pennsylvania corporation, Defendants.

Superior Court of Delaware, Kent County.

Decided: May 25, 1989.

Attorney(s) appearing for the Case

Jeanne L. Langdon, Deputy Atty. Gen., Dept. of Justice, Dover, for plaintiff.

James W. Semple of Morris, James, Hitchens & Williams, Wilmington, for Sun Refining and Marketing Co.

William A. Denman of Schmittinger and Rodriguez, Dover, for Ralph E. Davis, Inc., and Ralph E. Davis and Margaret L. Davis.

John E. O'Brien of Dodge & O'Brien, Dover, for Triangle Oil Co.

OPINION

STEELE, Judge.

The Department of Natural Resources and Environmental Control (DNREC) brings this action against defendants, Sun Refining and Marketing Company (Sun), Triangle Oil Company (Triangle), Tri-State Oil Company, Inc. (Tri-State), Ralph E. Davis, Inc., and Ralph E. Davis and Margaret L. Davis, individually, pursuant to the Delaware Underground Storage Tank Act (DUSTA), 7 Del.C. § 7401...

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