ILLINOIS POLLUTION CONTROL BOARD

July 25,

1974

CITIZENS FOR A BETTER ENVIRONMENT,

an Illinois Not—For—Profit Corp.,

Complainant,

vs.

)

PCB 74—245

WOODRUFF AND EDWARDS COMPANY,

an Illinois corporation,

Respondent.

ORDER OF THE BOARD

(by Mr. Henss):

Respondent has filed Motion requesting that this Board

dismiss the Complaint on the ground that it

is duplicitous

or frivolous.

After a review of the Complaint and the Motion

it is our conclusion that the Complaint is not duplicitous or

frivolous and therefore the Motion will be denied.

Some of

the points raised in the Motion may be pertinent later in the

case and therefore the denial will be without prejudice to

the right of Respondent

to make similar contentions later.

It is Ordered that the Motion to Dismiss be denied without

prejudice and that the Complaint be scheduled for hearing on

its merits.

I, Christan L. Moffett, Clerk of the Illinois Pollution Cop±rol

Board, hereby certify the above Order was adopted this

~4~J~L

day of

_________,

1974 by a vote of

to.

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