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PCB 98-169 02/15/01 Order
UNION OIL COMPANY OF CALIFORNIA d/b/a UNOCAL v. BARGE-WAY OIL COMPANY, INC., GERTRUDE KELLOGG, and JOSEPH KELLOGG; BARGE-WAY OIL COMPANY, INC. v. ROBERT F. ATKINS, BARGEWAY SYSTEMS, INC., and ROBERT NIELSEN
The Board denied respondent Barge-Way Oil Company’s motion for summary judgment and granted its motion to file an amended third-party complaint. The Board denied the motion of Robert Atkins and Barge-Way Systems, Inc. to dismiss the third-party complaint. The Board found that the amended complaint was neither duplicitous nor frivolous, and accepted this matter for hearing.
Handle: Document-193
Owner: Site Administrator (User-2, admin:DocuShare)DS
Tuesday, April 3, 2001 10:44:23 AM CDT
Tuesday, December 18, 2001 03:17:40 PM CST
Modified By: Site Administrator (User-2, admin:DocuShare)DS
Locked By:
  • ILLINOIS POLLUTION CONTROL BOARD
February 15, 2001UNION OIL COMPANY OF CALIFORNIAd/b/a UNOCAL,Complainant,v.
  • BARGE-WAY OIL COMPANY, INC.,
GERTRUDE KELLOGG, and JOSEPHKELLOGG,Respondents.
  • Union Oil Company of California d/b/a UNOCAL (UNOCAL) filed its
response to the motion on November 6, 2000, and Barge-Way sought leave to file a reply 2memorandum on November 15, 2000.
  • The caption of today’s order is consistent
with the decision of the Board in this matter.
  • Id.
  • Barge-Way includes excerpts from the deposition testimony of Dr. S.J. Memo. at 9.
Barge-Way argues that UNOCAL knew or should have known of the contamination atthe site and the “injury” it suffered by at leas...
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Appears In: PCB 98-169
Preferred Version: PCB 98-169 02/15/01 Order