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WEST PLAINS ELEC. CO-OP v. PETRO. TANK RELEASE COMP. FUND

Civ. No. 920050.

489 N.W.2d 337 (1992)

WEST PLAINS ELECTRIC COOPERATIVE, INC., Petitioner and Appellant, v. PETROLEUM TANK RELEASE COMPENSATION FUND, Respondent and Appellee.

Supreme Court of North Dakota.

July 28, 1992.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, PC, Dickinson, for petitioner and appellant, argued by Paul F. Ebeltoft, Jr., Dickinson.

William E. Maxwell (argued), Legal Counsel, North Dakota Ins. Dept., Bismarck, for respondent and appellee, appearance by Trent C. Heinemeyer, Asst. Atty. Gen.

ERICKSTAD, Chief Justice.

West Plains Electric Cooperative, Inc., appeals from the judgment of the District Court for Burleigh County affirming the order of the Commissioner of Insurance denying West Plains' application for reimbursement from the Petroleum Tank Release Compensation Fund for costs associated with cleaning up a petroleum spill. We reverse.

West Plains Electric Cooperative, Inc., is an electrical power distribution cooperative. As part of its...

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