dissenting in part and concurring in part.
From my review of the forecast of evidence in this immensely complicated case, I do not agree that summary judgment was not properly entered for defendant Loren A. Tompkins nor that summary judgment was properly entered for the third-party defendants Warren, as to the claims other than those of B. K. White.
In otherwise concurring, I wish to emphasize my position that (1) there remain issues of fact as to the identity of the actors in the alleged escape or leakage of oil or gasoline, and (2) that only those actors responsible for escape or leakage may be liable under the theories advanced in this case. I do not accept the possible inference that a subsequent owner of facilities from which a previous escape or leakage has occurred may be liable for continued seepage resulting from the previous escape or leakage over which he had no control.