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PET. TANK REL. COMP. BD. v. FED. SERV. INS. CO.

No. DA 06-0837.

185 P.3d 998 (2008)

2008 MT 194

MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD, Plaintiff and Appellant, v. FEDERATED SERVICE INSURANCE COMPANY, and Mountain West Farm Bureau Mutual Insurance Company, and National Farmers Union Property and Casualty Company; Mutual Service Casualty Insurance Company, a mutual service insurance company, and Federated Service Insurance Company, Defendants and Appellees.

Supreme Court of Montana.

Decided June 3, 2008.

Attorney(s) appearing for the Case

For Appellant: R. Allan Payne, Marc Buyske and James L. Shuler, Special Assistant Attorneys General, Helena, Montana.

For Appellees: Jared S. Dahle, Nelson & Dahle, Jon T. Dyre and Steven W. Jennings, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana, Laura J. Hanson, Meagher & Geer, Minneapolis, Minnesota, Christian T. Nygren, Milodragovich, Dale, Steinbrenner & Nygren, Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Plaintiff Montana Petroleum Tank Release Compensation Board (the Board) appeals orders entered in the First Judicial District Court, Lewis and Clark County, granting summary judgment to the defendant insurance companies in four separate actions wherein the Board sought indemnity for payments it made to clean up petroleum spills at several filling stations. Because the issues raised in each case are identical...

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