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PEABODY COAL CO. v. POLLUTION CONTROL BD.

No. 62908.

49 Ill. App.3d 252 (1977)

364 N.E.2d 929

PEABODY COAL COMPANY, Petitioner, v. THE POLLUTION CONTROL BOARD et al., Respondents.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied June 15, 1977.

Attorney(s) appearing for the Case

Henry L. Pitts, Joseph S. Wright, Jr., Clifton A. Lake, and Michael D. Freeborn, all of Rooks, Pitts, Fullagar and Poust, of Chicago, for petitioner.

William J. Scott, Attorney General, of Chicago (Richard W. Cosby, Michael A. Benedetto, Jr., and Marvin I. Medintz, Assistant Attorneys General, of counsel), for respondents.

Judgment affirmed.

Mr. JUSTICE PERLIN delivered the opinion of the court:

This is an appeal from an order of the Illinois Pollution Control Board (the Board) pursuant to sections 29 and 41 of the Illinois Environmental Protection Act (Ill. Rev. Stat. 1975, ch. 111 1/2, pars. 1029, 1041) (the Act). Petitioner, Peabody Coal Company, appeals contending that the Board erred when it dismissed the administrative proceedings without a hearing.

We affirm....

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