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LUTHER P. MILLER, INC. v. UNDERGROUND STORAGE TANK INDEMNIFICATION BD.

No. 1383 C.D. 2008.

965 A.2d 398 (2009)

LUTHER P. MILLER, INC., Petitioner v. UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD, Respondent

Commonwealth Court of Pennsylvania.

Decided February 11, 2009.

Attorney(s) appearing for the Case

Robert I. Boose, II, Somerset, for petitioner.

Amy L. Weber, Special Funds Counsel, Harrisburg, for respondent.

BEFORE: McGINLEY, Judge, SIMPSON, Judge, KELLEY, Senior Judge.

OPINION BY Senior Judge KELLEY.

Luther P. Miller, Inc. (LPM) petitions for review of an order of the Underground Storage Tank Indemnification Board (Board) which adopted the recommendation of the presiding officer that the decision of the Underground Storage Tank Indemnification Fund (Fund) to deny eligibility for reimbursement from the Fund to LPM be affirmed. We affirm.

The issues in this appeal are: (1) whether LPM is an "owner, operator or certified tank...

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