South Dakota Supreme Court April 14, 2004, None (Duffield Construction, Inc. v. Baldwin)

TUCKER, Circuit Judge.

[¶ 1.] Karen and Gerald Baldwin (Baldwins) owned property leased to Wyoming Alaska Corporation (WACO) for use as a gas station and convenience store. Duf-field Construction (Duffield) performed environmental remediation on a leaky underground gasoline storage tank located on the property, installed an upgraded underground gasoline storage tank and made further improvements.