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MODINE MANUFACTURING CO. v. PCB

No. 2-89-0350.

192 Ill. App.3d 511 (1989)

548 N.E.2d 1145

MODINE MANUFACTURING COMPANY, Appellant, v. THE POLLUTION CONTROL BOARD et al., Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied January 29, 1990.

Attorney(s) appearing for the Case

Roy M. Harsch and William W. Yotis III, both of Gardner, Carton & Douglas, of Chicago (Daniel F. O'Connell, of counsel), for petitioner.

Neil F. Hartigan, Attorney General, of Springfield, and Dorothy M. Gunn and John Marlin, both of Pollution Control Board, of Chicago (Robert J. Ruiz, Solicitor General, and Jan Hughes and Jerald S. Post, Assistant Attorneys General, of Chicago, of counsel), for respondent Pollution Control Board.

Neil F. Hartigan, Attorney General, of Springfield, and Betty Harrop and Joseph R. Podlewski, both of Environmental Protection Agency, of Maywood (Robert J. Ruiz, Solicitor General, and Jan Hughes and Jerald S. Post, Assistant Attorneys General, of Chicago, of counsel), for respondent Environmental Protection Agency.

Order affirmed.

JUSTICE INGLIS delivered the opinion of the court:

Modine Manufacturing Company (Modine) appeals from a final order entered by the Pollution Control Board (Board) dismissing Modine's permit appeal as a sanction for Modine's failure to timely file its brief. Modine argues that such a sanction was an abuse of the Board's discretion and should be reversed. In support of its argument, Modine contends that (1) it filed its brief only five days late...

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