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HAGEN v. TEXACO REFINING & MARKETING

No. 93-1794.

526 N.W.2d 531 (1995)

Dean R. HAGEN and Nancy K. Hagen, d/b/a Grand Avenue Texaco, Plaintiffs, The Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, Appellant, v. TEXACO REFINING AND MARKETING, INC., Seneca Corporation, and J & R Drilling Services, Inc., Appellees.

Supreme Court of Iowa.

January 18, 1995.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., and Dean A. Lerner, Asst. Atty. Gen., for appellant.

Paul E. Horvath of Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, for appellee Texaco Refining and Marketing, Inc.

Margaret C. Callahan, Charles F. Becker, and Roger T. Stetson of Belin Harris Lamson McCormick, P.C., Des Moines, for appellee Seneca Corp.

Philip H. Dorff, Jr. and Anne L. Clark of Hopkins & Huebner, P.C., Des Moines, for appellee J & R Drilling Services, Inc.

Considered by HARRIS, P.J., and CARTER, NEUMAN, ANDREASEN, and TERNUS, JJ.

TERNUS, Justice.

This case requires that we consider the scope and meaning of the cost recovery enforcement provisions of Iowa Code chapter 455G (1993).1 We granted permission to the Intervener, The Iowa Comprehensive Petroleum Underground Tank Fund Board, to bring this interlocutory appeal from the district court's ruling on the Board's motion for partial summary judgment. The district court held (1) factual issues existed which were...

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