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FREEMAN COAL MINING CORP. v. POLLUTION CONTROL

No. 73-188.

21 Ill. App.3d 157 (1974)

313 N.E.2d 616

FREEMAN COAL MINING CORPORATION, Petitioner, v. THE POLLUTION CONTROL BOARD et al., Respondents.

Appellate Court of Illinois — Fifth District.

June 28, 1974.

Attorney(s) appearing for the Case

Richard R. Elledge, of Schradzke, Gould and Ratner, of Chicago, for petitioner.

William J. Scott, Attorney General, of Springfield (Larry R. Eaton, Assistant Attorney General, of counsel), for respondents.

Order affirmed as modified.

Mr. JUSTICE CARTER delivered the opinion of the court:

Freeman Coal Mining Company, a division of Material Service Corporation (successor in interest to Freeman Coal Mining Corporation, the original party), owns the Freeman Crown Mine, which was in operation from 1953 to 1971. During that 18-year period, a mine refuse or gob pile was formed in the processing of the mined coal. The pile eventually reached a height of 70 feet and...

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