ILLINOIS

POLLUTION

CONTROL

BOARD

March

15,

1973

ENVIRONMENTAL

PROTECTION

AGENCY

#72—65

v.

EARL

B.

ARCHDALE

ORDER

OF

THE

BOARD

(BY

SAMUEL

T.

LANTON,

JR.):

Interim order was entered by the Board on August 29,

1972, which

returned

the

case to

the

Hearing Officer for further proceedings

consistent with the order

.

An

amended complaint was filed by

the

Aqency on February 15,

1973,

to which

a motion to dismiss was filed

by

Respondent alleging that the complaint fails to state a cause

of action and contains a statement that the amended complaint has

been

the subject of final adjudication, and any hearings on the matter

would

be res judicata.

Our

review

of

the

complaint

discloses

that

a

cause

of

action

is stated and we are unable to determine from the motion the basis

on which

the

doctrine of res judicata is advanced.

The motion to dismiss

is denied.

IT

IS SO ORDERED.

I,

Christan Moffett, Clerk of

the

Illinois Pollution Control Board,

certify

that the above Order was entered on the

,.~

day of March,

1973,

by a vote of

-

to

________

V

7

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