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SANDERS v. WARR

1930301.

646 So.2d 647 (1994)

William SANDERS and Lillie Sanders v. James W. WARR, as Director of the Alabama Department of Environmental Management.

Supreme Court of Alabama.

August 26, 1994.

Attorney(s) appearing for the Case

J. Farrest Taylor, Dothan, for appellants.

James G. Stevens, Montgomery, for appellee.

MADDOX, Justice.

The issue in this case is whether a third party, who claims to have suffered property damage as a result of a substantial leak in an underground gasoline storage tank, can recover compensation for the damage from the Alabama Underground and Aboveground Storage Tank Trust Fund under the provisions of Ala.Code 1975, § 22-35-5.

The facts are undisputed. William Sanders and his wife, Lillie Sanders, owned and operated a gasoline service station...

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