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IOWA COMPREHENSIVE PETROLEUM v. SHELL OIL

No. 99-1251.

606 N.W.2d 370 (2000)

IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, Appellant, v. SHELL OIL COMPANY, 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 Pingel & Templer, P.C., West Des Moines, for appellant.

D. Patterson Gloor and Jennifer A. Keller of Cassiday, Schade & Gloor, Chicago, Illinois, Roger L. Lande and David Meloy of Stanley, Lande & Hunter, Muscatine, and Timothy J. Walker and Gary A. Norton of Whitfield & Eddy, P.L.C., Des Moines, for appellee.

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

CADY, Justice.

This appeal and cross-appeal concern 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 clean up costs of petroleum released into the ground from an underground storage tank.

I. Background Facts and Proceedings.

Shell Oil Company began operating a gas station in DeWitt, Iowa in 1955. The station was located...

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