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MH DAVIS ESTATE OIL CO. v. UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD

789 A.2d 398 (2001)

MH DAVIS ESTATE OIL CO., INC., and West Chester Land Corporation, Petitioners, v. UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 14, 2001.

Attorney(s) appearing for the Case

Neil S. Witkes, Bala Cynwyd, for petitioner.

Preston M. Buckman, Harrisburg, for respondent.

Before COLINS, J., McGINLEY, J., and McCLOSKEY, Senior Judge.

McGINLEY, Judge.

M.H. Davis Estate Oil Co., Inc. (Davis) and West Chester Land Corp. (West Chester) (collectively, Petitioners) seek review of an order of the Underground Storage Tank Indemnification Board (Board) that denied Petitioners' coverage under the Underground Storage Tank Indemnification Fund (USTI Fund).

The Presiding Officer made the following pertinent findings of fact1:

1.... Davis is the distributor of gasoline...

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