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DIAMOND v. MARCINEK

(14572)

226 Conn. 737 (1993)

JAMES B. DIAMOND v. GEORGE MARCINEK ET AL.

Supreme Court of Connecticut.

Decision released August 3, 1993.

Attorney(s) appearing for the Case

Kenneth J. McDonnell, for the appellant (plaintiff).

Richard F. Paladino, for the appellees (defendants).

Richard Blumenthal, attorney general, and Joseph Rubin and Grace M. Dodier, assistant attorneys general, filed a brief for the commissioner of environmental protection as amicus curiae.

PETERS, C. J., BORDEN, BERDON, NORCOTT and PALMER, JS.

PETERS, C. J.

The dispositive issue in this certified appeal is whether unused underground gasoline storage tanks constitute an "existing facility" for the purpose of the disclosure requirement of § 22a-449 (d)-1 (f) of the Regulations of Connecticut State Agencies.1 The plaintiff, James B. Diamond, brought this action for rescission and restitution against the defendants, George Marcinek and Leona Marcinek, grounded on the defendants...

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