ILLINOIS POLLUTION CONTROL BOARD

September 20, 1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 73—200

SAM KANTER,

SAM

COHEN, and

BENJAMIN

KANTER,

d/b/a STANDARD

METAL COMPANY,

Respondents.

ORDER OF THE J3OARD (by Mr. Henss)

Respondents Sam Kanter, Sam Cohen and Standard Metal

Company have filed a Motion to Strike and Dismiss the

Complaint, and in support of the Motion specify five

grounds which are numbered 1 through 5 in the Motion.

The Motion is denied as to paragraphs 2, 3, 4 and 5 of

the Motion. Paragraph 1 of the Motion states that Re-

spondent Benjamin Kanter died in 1969 and the business

referred to in the Complaint is carried on by a corporation

titled Standard Scrap Metal Company, an Illinois corporation.

The Motion is not verified and is not supported by any

affidavit regarding identity of the parties. Therefore,

that part of the Motion will be taken with the case.

Complainant is granted leave to amend the Complaint

regarding the matter of parties if it chooses to do so.

It is ordered that the Motion to Strike and Dismiss be

denied as to paragraphs 2, 3, 4 and S of the Motion. The

Motion will be taken with the case as to paragraph 1 of the

Notion.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted this

~

day ~

1973 by a vote of

~‘

to 0

9

—

295