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ALTON & SOUTHERN RY. CO. v. POLLUTION CONTROL BD.

No. 72-329.

12 Ill. App.3d 319 (1973)

297 N.E.2d 762

ALTON AND SOUTHERN RAILWAY COMPANY, Respondent-Appellant, v. THE POLLUTION CONTROL BOARD, Complainant-Appellee — (Harshany Incorporated et al., Respondents-Appellees.)

Appellate Court of Illinois — Fifth District.

June 4, 1973.

Attorney(s) appearing for the Case

Walker and Williams, of Belleville, (Harry J. Sterling, of counsel,) for appellant.

William J. Scott, Attorney General, of Springfield, (Thomas J. Immel and Dale R. Turner, Assistant Attorneys General, of counsel,) for appellees.

Order reversed.

Mr. JUSTICE CREBS delivered the opinion of the court:

The Environmental Protection Agency filed a complaint against Harshany, Inc. and others, including the Alton and Southern Railway Company charging open burning of automobiles. After a hearing a penalty of $1,000 was assessed against Harshany, Inc. and Alton and Southern jointly. The Alton and Southern filed a petition for review.

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