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PETR. TANK REL. COMP. BOARD v. EMP. FIRE AND MAR. INS. CO.

No. DA 07-0297.

185 P.3d 1021 (2008)

2008 MT 195

MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD, Plaintiff and Appellant, v. EMPIRE FIRE AND MARINE INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of Montana.

Decided June 4, 2008.

Attorney(s) appearing for the Case

For Appellant: R. Allan Payne and James L. Shuler, Doney, Crowley, Bloomquist, Payne, and Uda, Helena, Montana

For Appellee: Susan P. Roy, Garlington, Lohn & Robinson, Missoula, Montana

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Plaintiff Montana Petroleum Tank Release Compensation Board (the Board) appeals an order from the First Judicial District Court, Lewis and Clark County, granting summary judgment to Empire Fire and Marine Insurance Company (Empire) and denying the Board's motions for partial summary judgment. We affirm.

¶ 2 The Board raises the following issues on appeal:

¶ 3 1. Whether the...

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