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UNITED STATES 
ENVIRONMENTAL PROTECTION AGENCY



BEFORE THE ADMINISTRATOR










In the Matter of

Coleman Trucking, Inc.,         	 Docket No. 5-CAA-96-005

	Respondent








ORDER GRANTING IN PART COMPLAINANT'S
MOTION TO PARTIALLY STRIKE RESPONDENT'S ANSWER




	The U.S. Enviromnental Protection Agency ("EPA") has filed a motion to strike affirmative
defenses 1, 2, 3, 5, 7, 10, and 11 raised by Coleman Trucking, Inc. ("Coleman") in its answer. 
Subsequent to EPA's motion to strike, Coleman filed an amended answer in which all of its affirmative
defenses were supple- mented, with the exception of Affirmative Defense No. 1. EPA's motion to strike is
granted with respect to Affirmative Defense No. 10 only.  In all other respects, the motion to strike is
denied.
	With regard to Affirmative Defense No. 10, Coleman argues that prosecution of the two alleged
violations at issue in this case is barred by the statute of limitations.  An order was issued this date
rejecting an identical argument raised by respondent in its motion for judgment on the pleadings. 
Accordingly, for the reasons set forth in that order, EPA's motion to strike Affirmative Defense No. 10 is
granted.
	On the basis of respondent's amended answer, the motion to strike Affirmative Defenses 1, 2, 3,
5, 7, and 11 is denied.  At this early stage of the proceeding, Coleman raises enough of a factual and legal
question with respect to these affirinative defenses to sustain this preliminary challenge by EPA.  See
Williams v. Jader Fuel Company, Inc., 944 F.2d 1388, 1400 (7th Cir. 1991)(motions to strike are not
favored ); see also, U.S. v. Marisol, Inc., 725 F.Supp. 833 (M.D.Pa. 1989).
Carl C. Charneski

Administrative Law Judge
Issued: November 6, 1996

Washington, D.C.
IN THE MATTER OF COLEMAN TRUCKING INC., Respondent
Docket No. 5-CAA-96-005
Certificate of Service




	I certify that the foregoing Order Granting in Part Complainant's Motion to Partially Strike
 Respondent's Answer, dated November 6, 1996, was sent this day in the following manner to the
 below addressees.
Original by Regular Mail to:
		Ms. Estelle Patterson

						
Acting Regional Hearing Clerk 

					
U.S. Environmental Protection 

							
Agency, Region 5 

					
77 West Jackson Boulevard 

						Chicago, IL 60604
Copy by Regular Mail to:



	Attorney for Complainant:
	David Mucha, Esquire

						
Assistant Regional Counsel

					
U.S. Environmental Protdction

							
Agency, Region 5

					
77 West Jackson Boulevard

						Chicago, IL 60604
Attorneys for Respondent:
	Peter R. Harwood, Esquire

					
Thomas A. Hamilton, Esquire

						
BUCKLEY KING & BLUSO

					
1400 Bank One Center

					Cleveland, OH 44114-2652
Marion Walzel

Legal Staff Assistant
Dated: November 7, 1996
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