State of Illinois

Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

In the Matter of:

CASEYVILLE SPORT CHOICE, LLC,

An Illinois Limited Liability Company,

Complainant,

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RECEIVED

CLERK'S OFFICE

NOV 0 7 2007

STATE OF ILLINOIS

Pollution

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Board

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PCB 2008-030

ERMA I. SEIBER, ADMLNISTRATRDC )

OF THE ESTATE OF JAMES A. SEBIER, )

DECEASED, AND ERMA I. SEIBER, )

IN HER INDIVIDUAL CAPACITY, )

Respondent.

REPLY TO RESPONSE TO MOTION TO DISMISS

Now comes the Respondent, Erma I. Seiber, Administratrix of the Estate of James

A. Seiber, Deceased, and Erma I. Seiber, in Her Individual Capacity, and replies to the

Response to Motion to Dismiss filed by the Complainant herein as follows:

1.

That is the position of the Complainant that the Complaint before the

Illinois Environmental Protection Agency deals with different theories of law as opposed

to the Complaint that has been filed in the U.S. District Court for the Southern District of

Illinois.

2.

That while the Complaint filed in the U.S. District Court is based upon

common law theories of breach of contract and fraud the Complaint filed with the Illinois

Environmental Protection Agency is based upon alleged violations of that act, it is the

position of the Respondent that the Complaints remain duplicative within the meaning of

---

Section 31(d) of the Environmental Protection Act (415 ILCS 5/31(d)) and Section

101.202 of the Board's Procedural Rules as embodied in (35 Ill. Adm. Code 101.202).

WHEREFORE, the Respondent would renew its Motion to Dismiss the

Complaint filed by the Complainant before the Illinois Pollution Control Board and for

such other and further relief as to the court is just and equitable.

ERMA I. SEIBER, ADMINISTRATRIX

OF THE ESTATE OF JAMES A.

SEIBER, DECEASED, and

ERMA I. SEWER, IN HER

INDIVIDUAL CAPACITY,

BY:

DONALD

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DONALD W. URBAN-#3125254

SPRAGUE & URBAN

26 East Washington Street

Belleville, IL 62220

(618) 233-8383

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing document was

forwarded to the below listed counsel by enclosing same in an envelope, with proper first

class postage fully prepaid and depositing said envelope in a United States mail box in

Belleville, Illinois this

5

.

44-

day of

; 2007.

Mr. John Long

Attorney at Law

1002 E. Wesley Drive, Suite 100

O'Fallon, IL 62269

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