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PCB 06-173,072706 MtnDsmssAfrmtvDfnss
Handle: Document-53751
Owner: Brown, Don (User-14, brownd:DocuShare)DS
Friday, July 28, 2006 10:03:55 AM CDT
Friday, July 28, 2006 10:04:06 AM CDT
Modified By:
Locked By:
  • ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS )) Complainant, ) VS.
  • On July 13,2006, First Country filed its Answer and Affirmative Defenses.
  • Where the defect complained about appears from the allegations of the
complaint, it is not an affirmative defense and would be properly raised by a motion to dismiss.
  • First Country's first purported affirmative defense is legally insufficient and should be
dismissed as a matter of law.
  • First Country cannot establish in the same defense that there is both an
apparent right to a claim and no claim for which relief can be granted.
Allowed
Adobe Portable Document Format (.pdf) - application/pdf
PCB 06-173,072706 MtnDsmssAfrmtvDfnss.pdf
4
307661
No
Appears In: PCB 06-173
Preferred Version: PCB 06-173,072706 MtnDsmssAfrmtvDfnss.pdf