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SD PETROLEUM RELEASE COMP. FUND v. BP PLC

#28933.

948 N.W.2d 45 (2020)

2020 S.D. 47

The State of South Dakota, the SOUTH DAKOTA PETROLEUM RELEASE COMPENSATION FUND, Plaintiff and Appellant, v. BP PLC, BP America, Inc., BP Products North America, Inc., BP West Coast Products, LLC and its predecessor companies and subsidiaries, Defendants and Appellees.

Supreme Court of South Dakota.

Opinion Filed August 12, 2020.

Attorney(s) appearing for the Case

JUDITH K. ZEIGLER WEHRKAMP , Special-Appointed Assistant Attorney General, Harrisburg, South Dakota, MATTHEW J. HERMAN , ROBERT M. FOOTE of Foote, Mielke, Chavez & O'Neil, LLC, Geneva, Illinois, MICHAEL L. MURPHY of Bailey & Glasser LLP, Washington, D.C., Attorneys for plaintiff and appellant.

JEFFERY D. COLLINS , THOMAS G. FRITZ of Lynn Jackson Shultz & Lebrun P.C., Rapid City, South Dakota, DAVID ZOTT , MARTIN L. ROTH , DANIEL L. SIEGFRIED of Kirkland & Ellis LLP, Chicago, Illinois, Attorneys for defendants and appellees.

[¶1.] The State of South Dakota and the South Dakota Petroleum Release Compensation Fund (Fund) sought to recover payments made to the predecessor and subsidiary companies of BP plc (hereafter jointly referred to as "BP") for the costs of cleaning up environmental contamination from underground petroleum storage tanks (UST...

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