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COMMISSIONER, DEPT. OF ENVI. MANG. v. BOURBON MINI-MART, INC.

No. 50A03-9912-CV-476.

741 N.E.2d 361 (2000)

COMMISSIONER, INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Plaintiff, v. BOURBON MINI-MART, INC. and Robert E. Wanemacher, Defendants. Bourbon Mini-Mart, Inc. and Robert E. Wanemacher, Appellants-Third Party Plaintiffs, v. Gast Fuel and Services, Inc. and Jack Boardman, d/b/a/ Boardman Chevrolet, Appellees-Third Party Defendants.

Court of Appeals of Indiana.

December 13, 2000.

Attorney(s) appearing for the Case

Patricia Polis McCrory, Harrison and Moberly, Indianapolis, Indiana, Attorney for Appellants.

Daniel G. Orzeske, Andrew S. Peacock, Goodwin, Orzeske & Stevens, P.C., Indianapolis, Indiana, for Gast Fuel and Services, Inc.

OPINION

KIRSCH, Judge.

Bourbon Mini-Mart, Inc. ("Mini-Mart") and Robert E. Wanemacher ("Wanemacher"), defendants in a cause of action commenced by the Commissioner of the Indiana Department of Environmental Management ("IDEM") and third-party plaintiffs in this case, appeal from a grant of summary judgment in favor of Gast Fuel and Services, Inc. ("Gast") and Jack Boardman, doing business as Boardman Chevrolet ("Boardman").1...

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