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DEQ v. WIND RIVER PETROLEUM

No. 930463.

881 P.2d 869 (1994)

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY and its executive director, Kenneth L. Alkema, Plaintiffs and Appellants, v. WIND RIVER PETROLEUM, Defendant and Appellee.

Supreme Court of Utah.

August 29, 1994.

Attorney(s) appearing for the Case

Jan Graham, Atty. Gen., Leon A. Dever, Annina M. Mitchell, R. Douglas Credille, Asst. Attys. Gen., Salt Lake City, for plaintiffs.

Douglas J. Parry, Salt Lake City, for defendant.

DURHAM, Justice:

Plaintiffs Utah Department of Environmental Quality ("DEQ") and Kenneth L. Alkema, DEQ's executive director, appeal from a district court order denying DEQ's motion for summary judgment and granting summary judgment in favor of defendant Wind River Petroleum ("Wind River"). We vacate and remand for further proceedings.

This case arises under the Utah Hazardous Substances Mitigation Act (the "Act"), Utah Code Ann. §§ 19-6-301 to ...

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