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V-1 OIL v. PETROLEUM CLEAN WATER TRUST

No. 21222.

920 P.2d 909 (1996)

128 Idaho 890

V-1 OIL COMPANY, Plaintiff-Respondent, v. IDAHO PETROLEUM CLEAN WATER TRUST FUND, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 1995 Term.

Rehearing Denied July 2, 1996.

Attorney(s) appearing for the Case

Holland & Hart, Boise, for appellant. B. Newal Squyres argued.

Simpson, Gauchay & Gardner, Idaho Falls; Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondent. Robert E. Bakes argued.

The Court's prior opinion dated April 16, 1996 is hereby withdrawn.

ON REHEARING

McDEVITT, Chief Justice.

I.

BACKGROUND AND FACTS

This case presents no disputed facts. V-1 Oil Company (V-1 Oil) is a distributor of petroleum products licensed to do business in Idaho. As to at least some of the petroleum products V-1 Oil sells in Idaho, V-1 Oil is the first licensed distributor to transfer...

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