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PETROLEUM TANK RELEASE COMPENSATION BOARD v. CAPITOL INDEM. CO.

No. 05-228.

137 P.3d 522 (2006)

2006 MT 133

332 Mont. 352

MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD, Plaintiff and Appellant, v. CAPITOL INDEMNITY COMPANY, Continental Insurance Company and Does 1-25, Defendants and Respondents.

Supreme Court of Montana.

Decided: June 13, 2006.

Rehearing Denied July 12, 2006.

Attorney(s) appearing for the Case

R. Allan Payne, Doney Crowley Bloomquist Payne Uda, P.C., Helena, for Appellant.

Mark A. Vucurovich, Henningsen, Vucurovich & Richardson, P.C., Butte, for Respondent Capitol Indemnity Company.

Maxon R. Davis, Davis, Hatley, Hafferman & Tighe, P.C., Great Falls, for Respondent Continental Insurance Company.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 The Montana Petroleum Tank Release Compensation Board (Board) appeals from an order of the First Judicial District Court, Lewis and Clark County, granting Defendants' motions for summary judgment and dismissing all claims. We affirm.

¶ 2 This dispute involves a gas station in Butte, owned and operated by Community Mutual Gasoline Co. (Community Mutual) from 1931 to 1984. Community Mutual...

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