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FRY ROOFING CO. v. POLLUTION CONTROL BD.

No. 62658.

46 Ill. App.3d 412 (1977)

361 N.E.2d 23

LLOYD A. FRY ROOFING COMPANY, Petitioner, v. THE POLLUTION CONTROL BOARD et al., Respondents.

Appellate Court of Illinois — First District (5th Division).

Opinion filed February 17, 1977.

Attorney(s) appearing for the Case

Arnstein, Gluck, Weitzenfeld & Minow, of Chicago (Burton Y. Weitzenfeld, Arthur L. Klein, and Paul L. Leeds, of counsel), for petitioner.

William J. Scott, Attorney General, of Chicago (George William Wolfe, Assistant Attorney General, of counsel), for respondents.

Order affirmed as modified.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The petitioner appeals from an order of the Illinois Pollution Control Board assessing a $40,000 penalty for certain air pollution violations after a remand by this court for reconsideration of the penalty originally assessed. On this appeal, the petitioner contends that (1) the Board erred in not considering evidence that the petitioner has been in compliance since 1972, since...

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