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PANTRY, INC. v. STOP-N-GO FOODS, INC.

No. IP 88-1345-C.

796 F.Supp. 1171 (1992)

The PANTRY, INC., Plaintiff, v. STOP-N-GO FOODS, INC., and Tri-State Stop-N-Go, Inc., Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

June 29, 1992.

Attorney(s) appearing for the Case

William C. Barnard, Frank J. DeVeau, Sommer & Barnard, Indianapolis, Ind., for plaintiff.

Robert F. Wagner, R. Robert Stommel, Lewis Bowman St. Clair & Wagner, Indianapolis, Ind., for defendant.

ENTRY GRANTING PLAINTIFF'S SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT

TINDER, District Judge.

The parties' cross-motions for summary judgment require the Court to reach a single conclusion of law: Does a property owner "dispose of waste" in violation of Kentucky Revised Statute § 224.40-100 if portions of its petroleum product inventory leak inadvertently from underground storage tanks into the surrounding soil? The Pantry argued that the statute is...

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