SHELL OIL CO. v. LOVOLD CO.

No. 32S01-9806-CV-341.

705 N.E.2d 981 (1998)

SHELL OIL COMPANY, Appellant (Defendant below), v. The LOVOLD COMPANY, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied April 16, 1999.


Attorney(s) appearing for the Case

Karl L. Mulvaney, Nana Quay-Smith, Larry J. Kane, Phil L. Isenbarger, Indianapolis, Indiana, Attorneys for Appellant.

Frank C. Capozza, American Petroleum Institute Indianapolis, Indiana, Thomas Sayer Llewellyn, G. William Frick, M. Elizabeth Cox, American Petroleum Institute, Washington, DC, Lewis E. Willis, Jr., Petroleum Marketers Association and Convenience Store Association, Indianapolis, Indiana, Robert S. Bassman, Alphonse M. Alfano, Petroleum Marketers Association and Convenience Store Association, Washington, DC, Attorneys for Amici Curiae.

James E. Ayers, Crawfordsville, Indiana, Attorney for Appellee.

Jeffrey A. Modisett, Attorney General of Indiana, Jon Laramore, Sheila M. O'Bryan, City of Indianapolis, Jane A. Seigel, Indiana Association of Cities and Towns, Indianapolis, Indiana, Attorneys for Amici Curiae.


ON PETITION TO TRANSFER

BOEHM, Justice.

This case, like Shell Oil Co. v. Meyer, 705 N.E.2d 962 (Ind.1998), also decided today, deals with the liability of refiners under the Indiana Underground Storage Tank Act (the "Act"). In Meyer we held that a refiner is not an "operator" of the USTs at a retail gasoline station and therefore not liable for costs of corrective action from leaks in the tanks, merely because...

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