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CENTOLANZA v. LEHIGH VALLEY DAIRIES, INC.

540 Pa. 398 (1995)

658 A.2d 336

Gary CENTOLANZA, Glenn Centolanza, Gail Danner, Jr. and Jennie Centolanza trading as Ccubed and Allentown Diagnostic and Repair Center, Inc. v. LEHIGH VALLEY DAIRIES, INC. Beatrice Cheese, Inc. and Atlantic Processing, Inc., trading as Lehigh Farms. Appeal of LEHIGH VALLEY DAIRIES, INC. and Atlantic Processing, Inc.

Supreme Court of Pennsylvania.

Decided May 16, 1995.

Reargument Denied July 13, 1995.

Attorney(s) appearing for the Case

Nicholas M. Kouletsis, James P. Kimmel, Jr., Philadelphia, for Lehigh Valley Dairies, Inc.

Thomas C. Sadler, Scott R. Lipson, Allentown, for Atlantic Processing, Inc., trading as Lehigh Farms.

Brendan K. Collins, Philadelphia, for amicus, American Petroleum Institute and Pa. Chamber of Business and Industry.

Edward Rubin, Steven A. Hann, Lansdale, for Centolanzas.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION

MONTEMURO, Justice.

This case concerns whether private citizens may obtain an order under the Pennsylvania Storage Tank and Spill Prevention Act (STSPA)1 directing storage tank owners to make payments to them for anticipated oil contamination cleanup costs and diminution in the value of property, and whether private citizens are entitled to use the statutory presumptions provided in the STSPA. Because we find that...

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