ILLINOIS POLLUTION CONTROL BOARD
RE CE IiVED
‘TERESA L. SHEPRO, as Trustee of the
)
CLERK’S
OFFJCE
Justice W. Shepro Trust,
)
SEP 22 2003
and TERESA L. SHEPRO and
)
FRANK WIEMERSLAGE, as
)
STATE OF ILLINOIS
Ieneficiaries under Trust No. 898, of the
)
Polk.’tion
Control Board
Chicago Trust Company,
)
Complainant,
)
)
vs.
)
Case No. PCB 04-12
)
NEWBY OIL COMPANY, DAVID E.
)
TRIPP and JANICE L. TRIPP,
)
Respondents.
)
ANSWER TO COMPLAINT
NOW COMES,
the Respondent, NEWBY OILCOMPANY, by its attorneys, KINNALLY,
KRENTZ, LORAN, HODGE & HERMAN,P.C., and forits answer to the complaint ofthe Plaintiffs
alleges as follows:
Count I
-
Newby
1.
Deny.
2.
Deny.
3.
Deny.
4.
Deny.
5.
Admit.
6.
Admit.
7.
Deny.
8.
Admit.
1
9.
Deny.
10.
Deny.
11.
Deny. Further answering, state the factto be that any contamination has been the sole
result ofPetitioners’ prior pollution ofthe site.
12.
Deny.
13.
Neither admit nor deny, but demand strict proof thereof.
14.
Deny, including specific denials ofsubparagraphs (a), (b), (c), (d), (e), and (f).
15.
Deny.
WHEREFORE,
Defendant,NEWBY, praysthat all ofthe reliefprayedfor by Complainants
in Count I be denied and that this Defendant have its costs ofsuit.
Count II- Tripp
Defendant, NEWBY OIL COMPANY, makes not answer to Count II of the Complaint as
no relief is asked for in that Count against NEWBY OIL COMPANY.
NEWBY OIL COMPANY
By:
KINNALLY, KRENTZ, LORAN, HODGE &
HERMAN, P.C., its attorneys
By:______________
William C. Murphy
4 (~,)
William C. Murphy
Attorney No. 1998838
KII’4NALLY, KRENTZ, LORAN, HODGE & HERMAN, P.C.
2114 Deerpath Road
P.O. BOx 5030
Aurora, Illinois 60507-5030
630/907-0909
2
RECE~VE~
STATE OF ILLINOIS
)
CLERK’S OFFICE
)
SS
SEP 222003
COUNTY OF KANE
)
STATE OF ILLINOIS
CERTIFICATE OF SERVICE
Pollution Control
Board
The
undersigned, being first duly sworn on oath, deposes and states that she did deposit a copy
ofthe foregoing
Answer to Complaint in a
United States Post Office Box in the City of Aurora,
Kane County, Illinois, before the hour of 6:00 p.m., with United States postage fully prepaid
thereon, on the 18th day of September, 2003, enclosed in an envelope properly and securely
sealed and plainly addressed as follows:
TO:
Pollution Control Board
Clayton L. Lindsey
100 W. Randolph Street, Suite 11-500
WILLIAMS & McCARTHY
Chicago, IL 60601
P.O. Box 339
Oregon, IL 61062
Keith L. Foster
CLIFFE, FOSTER, CORNEILLE & BUICK, P.C.
151 W.Lincoln Highway
DeKaib, IL 60115
SUBSCRIBED and SWORN TO before
met~s /8l~day~
2003:
NOTARY PUBLI
~IALI~AL1
~
FAVIOLA CARMONA
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