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WILLIAMS AUTO ELECTRIC SERVICES, INC. v. HEBERT

No. 04-P-232.

63 Mass. App. Ct. 182 (2005)

WILLIAMS AUTO ELECTRIC SERVICES, INC. v. SANDRA M. HEBERT & another.

Appeals Court of Massachusetts, Middlesex.

March 24, 2005.

Attorney(s) appearing for the Case

Matthew C. Donahue for the plaintiff.

J. Mark Dickison for the defendants.

Present: Greenberg, Cowin, & Doerfer, JJ.

GREENBERG, J.

General Laws c. 21J, inserted by St. 1990, c. 524, § 1, makes it possible to recoup costs of cleaning up oil spills and leaks from the Commonwealth's Underground Storage Tank Petroleum Cleanup Fund (fund) under certain circumstances. However, G. L. c. 21J, § 3, prohibits any "owner or operator who has a responsibility pursuant to any law with respect to environmental cleanup actions" from...

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