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MKP v. UNDERGROUND STORAGE TANK BD.

No. 2380 C.D. 2010

39 A.3d 570 (2012)

MKP ENTERPRISES, INC., Petitioner v. UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 9, 2012.

Reargument Denied March 28, 2012.

Attorney(s) appearing for the Case

Matthew L. Wolford , Erie, for petitioner.

Amy L. Weber , Harrisburg, for respondent.

BEFORE: COHN JUBELIRER, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge BROBSON.

Petitioner MKP Enterprises, Inc. (hereafter EPI)1 petitions for review of an order of the Underground Storage Tank Indemnification Board (Board), which rejected exceptions EPI filed to a hearing officer's proposed report and recommendation and adopted the proposed report. The Board, in adopting the proposed report, rejected EPI's claim for benefits from the Underground Storage Tank Indemnification Fund (the Fund...

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