ALBANY BANK & TRUST CO. v. EXXON MOBIL CORP.

No. 01-4211.

310 F.3d 969 (2002)

ALBANY BANK & TRUST COMPANY, not individually, but solely as Trustee under Trust No. 11-4067, Plaintiff-Appellant, v. EXXON MOBIL CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 8, 2002.


Attorney(s) appearing for the Case

Frank M. Grenard (Argued), Whitfield & Eddy, Des Moines, IA, for Plaintiff-Appellant.

Mark E. Burkland (Argued), Holland & Knight, Chicago, IL, for Defendants-Appellees.

Before FLAUM, Chief Judge, and DIANE P. WOOD and WILLIAMS, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

Defendant Exxon Mobil Corporation (Exxon) owns a gas station in Calumet City, Illinois, that released petroleum from an underground storage tank. Exxon reported the spill to plaintiff Albany Bank & Trust Company (Albany), owner of an adjacent property, and requested access to Albany's property for the purpose of investigating whether petroleum had seeped onto that land as well. Albany refused. Instead, it sued Exxon and its board...

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