November 29, 1971ENVIRONMENTAL PROTECTION AGENCYv.
) PCB71—291
JAMES MCHUGH CONSTRUCTION CO., et alOrder on Motion to Dismiss:The City of Chd~cagomoves to dismiss on the gvound that it isan independent contractor not liable for the acts of those withwhom it has contracted.
This contention raises factual questions
that can be resolved only after hearing, as well as the legalquestion whether the common law immunity of contractors is a partof 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...
Allowed
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