THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff,
v.
WILMER BROCKMAN et al., Defendants (Wilmer Brockman, Jr., d/b/a Brockman Sanitary Service, Third-Party Plaintiff-Appellant; AAA Disposal Systems, Inc., et al., Third-Party Defendants-Appellees). — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff,
v.
WILMER BROCKMAN et al., Defendants (Wilmer Brockman, Jr., d/b/a Brockman Sanitary Service, Appellant; AAA Disposal Systems, Inc., et al., Appellees). — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff,
v.
WILMER BROCKMAN, JR., et al., Defendants (Pioneer Equities, Inc., et al., Appellants; John Mathes and Associates, Inc., et al., Appellees).
Appellate Court of Illinois — Third District.https://leagle.com/images/logo.png
Opinion filed December 15, 1989.
Modified on denial of rehearing February 5, 1990.
Attorney(s) appearing for the Case
Armstrong, Surin & Engels, of Ottawa (Craig M. Armstrong and Keith R. Leigh, of counsel), for appellant Wilmer Brockman, Jr.
Keith R. Leigh, of Seneca, William A. Speary, Jr., of Tenney & Bentley, of Chicago, and S. Louis Rathje, of Rathje, Woodward, Dyer & Burt, of Wheaton, for other appellants.
Neil F. Hartigan, Attorney General, of Springfield (Pamela M. Ciarrocchi, Assistant Attorney General, of Chicago, of counsel), for appellee Environmental Protection Agency.
Fred C. Prillaman and Lisa A. Manion, both of Mohan, Alewelt & Prillaman, of Springfield, for appellees John Mathes & Associates and Gary Mathes.
Dixie L. Laswell, of Coffield, Ungaretti, Harris & Slavin, of Chicago (Fred C. Prillaman, of counsel), for appellee Borg Warner Chemicals, Inc.
Harvey M. Sheldon and Shell J. Bleiweiss, both of McDermott, Will & Emery, of Chicago, for appellee Amoco Chemical Company.
Percy L. Angelo and Vincent B. Olcazkiewicz, both of Mayer, Brown & Platt, of Chicago, for appellee Motor Wheel Corporation.
Michael S. Guilfoyle, of Mendota, for appellee HOF Sanitation Service.
Michael T. Reagan, of Ottawa, for appellee AAA Disposal Systems, Inc.
Henry J. Handzel, of DeWitt, Porter, of Madison, Wisconsin, for appellee Midwest Plating Corporation.
Donald L. Shriver, of Law Offices of Donald L. Shriver, of Rockford, for appellee Interstate Pollution Controls.
Louis M. Rundio, Jr., and Susan E. Cox, both of McDermott, Will & Emery, of Chicago, for appellee Conservation Chemical Company of Illinois.
Paul Perona, of Perona Law Offices, of Peru, and Nancy Bryson and R. Timothy McCrum, both of Crowell & Moring, of Washington, D.C., for appellee Environmental Systems Company.
Darleen J. Stockley, of Pool & Stockley, of Ottawa, and R. Davy Eaglesfield, of Cromer, Eaglesfield & Maher, of Indianapolis, Indiana, for appellee Chrysler Corporation.
Barbara B. Guibord and Natalie A. Walsh, both of Katten, Muchin & Zavis, of Chicago, for appellees Browning Ferris of Illinois and Van Der Molen Disposal.
Appellate Court of Illinois — Third District.
Reversed and remanded.
JUSTICE HEIPLE delivered the opinion of the court:
The plaintiff, the State of Illinois, filed a complaint on September 22, 1981, against the defendant and third-party plaintiff Wilmer Brockman, Jr., a landfill operator of a 25-acre tract of land in La Salle County, Illinois, commonly referred to as the Brockman I landfill. The State's complaint alleged that from August 1970 through September...
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