COLE TAYLOR BANK, not individually,
but solely as trustee under a certain Illinois land trust known as trust 40323; as successor trustee to Michigan Avenue National Bank of Chicago, under trust 1904 v. ROWE INDUSTRIES, INC, a corporation, successor to COLEMAN CABLE AND WIRE COMPANY, a corporation, and CHAPCO CARTON COMPANY, a corporation
The Board struck eight of the nine affirmative defenses raised by respondent Chapco, and all seven affirmative defenses raised by respondent Rowe. The Board found that respondents improperly pled affirmative defenses concerning: Sections 31(e) and 33(c) criteria under the Environmental Protection Act (415 ILCS 5/31(e), 33(c) (2000)); act of God; act of third parties; lack of material causation/contribution; and whether any release was permitted by state or federal law. The Board determined that respondents properly raised affirmative defenses concerning res judicata and whether the complaint was duplicitous, but found that these defenses were without merit. This matter shall proceed to hearing on the remaining allegations.
June 6, 2002COLE TAYLOR BANK, not individually,but solely as trustee under a certain Illinoisland trust known as trust 40323; as successortrustee to Michigan Avenue National Bankof Chicago, under trust 1904,Complainant,v.
ROWE INDUSTRIES, INC, a corporation,
successor to COLEMAN CABLE ANDWIRE COMPANY, a corporation, andCHAPCO CARTON COMPANY, acorporation,Respondents.
The Board finds
that the pleadings provided sufficient information to strike on the merits the respondents’defenses alleging that the complaint is duplicitous and this suit is barred by res judicata.
On October 1, 2001, Cole Taylor filed an answer to Rowe’s
affirmative defe...
Allowed
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