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FIRST OF AMERICA TRUST CO. v. ARMSTEAD

No. 78754.

664 N.E.2d 36 (1996)

171 Ill.2d 282

215 Ill.Dec. 639

FIRST OF AMERICA TRUST COMPANY, as Trustee of the Emil A. Harbers Trust, Appellee, v. Thomas L. ARMSTEAD, State Fire Marshal, et al., Appellants.

Supreme Court of Illinois.

March 21, 1996.

Attorney(s) appearing for the Case

Robin R. Lunn and Michael O'Neil, Keck, Mahin & Cate, Chicago, for Thomas L. Armstead.

Frederick G. Hoffman, Diana M. Jagiella and James H. Geary, Howard & Howard Attorneys, P.C., Peoria, for First of America Trust Company.

Justice NICKELS delivered the opinion of the court:

In this appeal, we decide whether plaintiff is entitled to register its underground storage tanks pursuant to the Gasoline Storage Act (430 ILCS 15/4(b)(1)(A) (West 1992)). Plaintiff, First of America Trust Company, as trustee of the Emil A. Harbers trust, sought to register three underground storage tanks with the office of the State Fire Marshal. The State Fire Marshal denied plaintiff's request for registration...

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