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HUMPHRIES v. ABLES

No. 48A05-0206-CV-278.

789 N.E.2d 1025 (2003)

Marc D. HUMPHRIES and Kelle R. Humphries, Appellants-Defendants, v. Max D. ABLES and Betty A. Ables, Appellees-Plaintiffs.

Court of Appeals of Indiana.

June 16, 2003.

Attorney(s) appearing for the Case

Patrick R. Ragains, Smith & Ragains, Anderson, IN, Attorney for Appellants.

David W. Stone IV, Stone Law Office Anderson, IN, Attorney for Appellees.

OPINION

SULLIVAN, Judge.

Max and Betty Ables (the "Sellers") are the owners of Frankton Liquor in Frankton, Indiana. Prior to its use as a liquor store, the property had been the site of a gasoline station. When the station closed in 1964, the underground storage tanks were filled with water to keep them from rising out of the ground due to freezing and thawing of the soil. The tanks have not been removed...

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