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TEXACO REFINING v. DEPT. OF ENVIRONMENT

185 S.W.3d 818 (2005)

TEXACO REFINING & MARKETING, INC. v. STATE of Tennessee DEPARTMENT OF ENVIRONMENT AND CONSERVATION, DIVISION OF UNDERGROUND STORAGE TANKS.

Court of Appeals of Tennessee, Middle Section, at Nashville.

September 27, 2005.

Attorney(s) appearing for the Case

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Elizabeth P. McCarter, Senior Counsel, for the appellant, State of Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks.

Howard E. Jarvis and Tony R. Dalton, Knoxville, Tennessee, for the appellee, Texaco Refining & Marketing, Inc.

Publish Pursuant to Rule 11.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which WILLIAM C. KOCH, JR., P.J., M.S., and WILLIAM B. CAIN, J., joined.

Texaco Refining & Marketing, Inc. applied for reimbursement of remediation expenses pursuant to the Tennessee Petroleum Underground Storage Tank Act. When Texaco's application was denied by the Tennessee Department of Environment and Conservation, Division of Underground...

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