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PICKENS v. UNDERGROUND STORAGE TANK

890 A.2d 1117 (2006)

J. D. PICKENS (ESTATE OF Jeannette SHERMAN), Petitioner v. UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 4, 2006.

As Amended February 10, 2006.

Reargument Denied February 21, 2006.

Attorney(s) appearing for the Case

Alan A. Reuter, Philadelphia, for petitioner.

Traci M. Ribeiro, Philadelphia, for respondent.

BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

J.D. Pickens (Pickens) and the Estate of Jeannette Sherman (Estate) appeal from an order of the Underground Storage Tank Indemnification Board (Board) denying the Estate's eligibility under the Underground Storage Tank Indemnification Fund (Fund) because it did not pay the necessary tank fees pursuant to the Storage Tank and Spill Prevention Act (Tank Act)1 for the years 1994 and 1995.

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