ILL
    NOIS POLLUTION CONTROL BOARD
    November
    29,
    1971
    ENVIRONMENTAL
    PROTECTION AGENCY
    v.
    )
    PCB71—291
    JAMES
    MCHUGH CONSTRUCTION CO.,
    et
    al
    Order on Motion to Dismiss:
    The City of Chd~cagomoves to dismiss on the gvound that it
    is
    an independent contractor not liable for
    the acts of those with
    whom it has contracted.
    This contention raises
    factual questions
    that
    can be resolved only after hearing,
    as well
    as
    the
    legal
    question whether the common law immunity of contractors
    is
    a part
    of the Envitonmental Protection Act.
    The motion
    is denied.
    I,
    Christan L. Moffett, Acting Clerk
    of the Pollution Control Board,
    certify
    that the Board adopted the above order
    this
    29
    day of
    November,
    1971.
    /
    /
    /
    / ~
    3—
    199

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