Holding & Decision
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Strum (P) operated an Exxon (D) gas station that he purchased in 1975. In 1988, D terminated its business relationship with P and agreed to remove the underground storage tanks used to hold gasoline. That agreement provided that D would remove the tanks within three days of starting work unless environmental problems developed. The removal took much longer than the three days. Eventually P got dissatisfied with the progress of events and sued D for fraudulent inducement, negligence, and gross negligence. The case was removed to federal court based on diversity. D moved for a summary judgment. The trial court granted it in that P could not establish the essential elements of fraud, and could not provide sufficient evidence to ground a cause of action for either negligence or gross negligence. P appealed.
Issues
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Legal Analysis
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