ILLINOIS POLLUTION CONTROL BOARD

October 10, 1974

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 74—261

ESSANESS THEATRE CORPORATION,

an Illinois corooration,

Respondent.

Mr. Jeffrey S. Herden, attorney for Complainant.

Mr. Jules

G.

Cogan, attorney for Respondent.

INTERIM ORDER OF THE BOARD

(by Dr. Odell)

Respondent moves to dismiss this Complaint on grounds

that the improper party was named Respondent.

We deny the

motion.

Complainant should amend its Complaint to indicate

that Riverdale Drive-In,

Inc.,

not its parent corporation,

Essaness Theatres Corporation,

is the real party in interest.

During the hearing on September

3,

1974,

Respondent stated

that subject outdoor theatre “is owned and operated by

Riverdale Drive-In, Inc.”

(Respondent’s Exhibits 1 and

2)

and that “Essaness Theatres Corporatioh is the parent

corporation of Riverdale Drive—In,

Inc.”

(R.

3),

..

.“a wholly

owned subsidiary”

(R. 8).

Since Riverdale Drive-In,

Inc. has

notice of the nature of this enforcement action,

it should be

given notice of the rescheduled hearing date in this matter.

Amendment of the Complaint can take place either before the

hearing

date or at the beginning of the hearing.

Motion is hereby denied.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify th t the above Opinion and Order was adopted

on the

J~”~

day of

______________,

1974, by a vote of

~?

to

~

4stan~Mofe~~1

14

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