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BULK TERMINALS CO. v. ENVIR. PRO. AGENCY

Nos. 47746, 47754 cons.

65 Ill.2d 31 (1976)

357 N.E.2d 430

BULK TERMINALS COMPANY et al., Appellees, v. THE ENVIRONMENTAL PROTECTION AGENCY et al., Appellants.

Supreme Court of Illinois.

Rehearing denied December 2, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (George William Wolff and Dennis R. Fields, Assistant Attorneys General, and Marcia L.B. Arnstein (law student), of counsel), for appellants.

Lord, Bissell & Brook, of Chicago (Robert A. Knuti and Frank H. Henneburg, of counsel), for appellees.

Joseph S. Wright, Jr., Dixie L. Laswell, and Rooks, Pitts, Fullagar and Poust, all of Chicago, for amicus curiae the Illinois Manufacturer's Association.

Helga E. Huber, of Chicago, for amicus curiae Citizens for a Better Environment.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

Plaintiffs, Bulk Terminals Company, hereafter Bulk, and Gerald L. Spaeth, its president, appealed from the judgment of the circuit court of Cook County dismissing their action for injunction, or alternatively prohibition, seeking to terminate proceedings commenced by defendants Environmental Protection Agency and Citizens for a Better Environment before...

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