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IOWA COMPREHENSIVE PETROLEUM v. MOBIL OIL

No. 98-372.

606 N.W.2d 359 (2000)

IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, Appellant, v. MOBIL OIL CORPORATION, Appellee.

Supreme Court of Iowa.

February 16, 2000.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David R. Sheridan and David S. Steward, Assistant Attorneys General, and John R. Perkins of Shearer, Templer & Pingel, West Des Moines, for appellant.

Robert V.P. Waterman, Jr. and Judith L. Herrmann of Lane & Waterman, Davenport, for appellee.

Brenda Myers of Barnhill & Goodman, West Des Moines, for amicus curiae Shell Oil Company.

Considered by McGIVERIN, C.J., CARTER, NEUMAN, and CADY, JJ., and HARRIS, S.J.

CADY, Justice.

This case concerns the responsibility of a petroleum refiner and supplier under the Iowa Comprehensive Petroleum Underground Storage Tank Fund Act, Iowa Code chapter 455G (1997) (Tank Fund Act), for the corrective costs of the release of petroleum into the ground from an underground storage tank. The district court found the oil refiner and supplier was not responsible for the corrective costs as a matter...

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