ASPI v. BOARD

No. 96-1778.

586 N.W.2d 325 (1998)

AMERICAN SOIL PROCESSING, INC., Appellee, v. IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, Appellant.

Supreme Court of Iowa.

As Corrected December 7, 1998.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Dean A. Lerner and Robert C. Galbraith, Assistant Attorneys General, for appellant.

Douglas E. Gross, James H. Gilliam and Miranda L. Hughes of Brown, Winick, Graves, Gross, Baskerville & Schoenebaum, P.L.C., Des Moines, for appellee.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, SNELL, and CADY, JJ.


LAVORATO, Justice.

A state agency agreed to provide the plaintiff with a yearly minimum amount of contaminated soil under a soil remediation contract. When the agency failed to provide the soil as agreed, the plaintiff sued, seeking damages pursuant to a liquidated damages provision in the contract. Both parties moved for summary judgment.

The agency argued that its failure to provide the requisite amount of soil was due to governmental action not under its...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases