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UTAH DEPT. OF ENVIRONMENT. QUALITY v. REDD

Nos. 20010070, 20010105.

48 P.3d 230 (2002)

2002 UT 50

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY, Division of Environmental Response and Remediation; and Kent Gray, Executive Secretary of the Utah Solid and Hazardous Waste Board, Plaintiffs and Appellees, v. K. Brent REDD, Sherrill Jean Redd, Woody's Enterprises, Ltd., Bill C. Buhler, Marathon Oil Company and Shell Oil Company, Defendants and Appellants.

Supreme Court of Utah.

May 17, 2002.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Paul M. McConkie, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Fred R. Silvester, Spencer Siebers, David W. Tundermann, J. Michael Bailey, Richard J. Angell, Salt Lake City, for defendants.

DURRANT, Associate Chief Justice:

¶ 1 This interlocutory appeal concerns the statute of limitations period for a statutory cost recovery action based on the Underground Storage Tank Act ("USTA"). The defendants, Brent Redd ("Redd"), Woody's Enterprises, and Marathon Oil, filed two summary judgment motions before the district court, contending that the State's recovery action was barred by the statute of limitations. The district court partially granted these...

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