ILLINOIS POLLUTION CONTROL BOARD

April

12, 1973

PACKAGING

CORPORATION

OF

AMERICA,

a corporation

)

#71—352

V.

ENVIRONMENTAL PROTECTION AGENCY

ENVIRONMENTAL PROTECTION AGENCY

#72-10

v.

PACKAGING CORPORATION OF AMERICA

ORDER OF THE BOARD

(BY SAMUEL T.

LAWTON,

JR.):

Motion to strike and dismiss the amended complaint has been

filed by Respondent because of alleged infirmities

in the pleading.

Respondent contends that all allegations of

the complaint are

legal conclusions which fail

to comply with Board Rule

304.

We find the pleadings consistent with our procedural rules.

Any amplification or detail required by Respondent to prepare

its defense is available through the use of pre—trial discovery

methods.

IT IS

THE

ORDER of the POllution Control Board that the

Motion to Strike and Dismiss be denied.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify that the above Order was adopted on the /,(f~day of April,

1973, by a vote of

_____

to

~

1

1

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I

7

—

503