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VOGUE TYRE v. OFFICE OF STATE FIRE MARSHAL

No. 1-03-0521.

820 N.E.2d 15 (2004)

354 Ill. App.3d 20

289 Ill.Dec. 507

VOGUE TYRE AND RUBBER COMPANY, an Illinois Corporation, Petitioner-Appellant, v. OFFICE OF THE STATE FIRE MARSHAL of the State of Illinois, Respondent-Appellee.

Appellate Court of Illinois, First District, Second Division.

Nunc pro tunc September 28, 2004.

Attorney(s) appearing for the Case

(David M. Allen and Jeffrey E. Schiller, of counsel), Schuyler, Roche & Zwirner, P.C., Chicago, for Appellant.

Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General (Catherine Basque Weiler, of counsel), Chicago, for Appellee.

GARCIA, Justice.

Petitioner, Vogue Tyre & Rubber Company (Vogue), appeals from a decision of the Illinois Pollution Control Board (Board) granting summary judgment in favor of respondent, the Office of the State Fire Marshal (OSFM). Vogue argues summary judgment was not appropriate and that it is entitled to reimbursement from the leaking underground storage tank fund (UST fund). The OSFM filed a motion to dismiss the appeal, arguing this court lacks jurisdiction...

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