OPINION
FRYE, District Judge:
The matter before the court is the motion of the defendant, D.B. Anderson, Inc., for summary judgment (# 45).
UNDISPUTED FACTS
Since the 1920's, the Petroleum Bulk Storage and Distribution Plant (the Bulk Plant) in La Grande, Oregon has been used to store and dispense gasoline and diesel fuel. At a prior time, underground storage tanks were used to store the fuel; however, all of these underground storage tanks...
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