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COUNTY OP DU PAGE).

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UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION- '

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CITY OF WEST CHICAGO, a )Municipal Corporation of )Illinois, )

)Plaintiff, )

)vs. ) NO.

)UNITED STATES NUCLEAR REGULATORY )COMMISSION, KERR-MCGEE CHEMICAL )CORPORATION, a Delaware )Corporation, and R. G. PAGE, ).

) '

Defendants. )

APPIDAVIT

Now comes A. EUGENE RENNELS, Mayor of the' City of , West

Chicago, Illinois, and on oath and in support of the' NotionFor A Temporary Restraining Order states as follows:

1. That he is the Mayor of the City of West Chicago..

2. That the City of West Chicago, is entitled to ;

receive all notices pertaining to the City of West Chicago asan_ interested party and as a party to any cause of actioninvolving the decommissioning of the KERR-MCGEE site located

in the City of West Chicago.

8205060425 820423PDR ADOCK 04002061C ppg ,

original filed October 14, 1981 with City of West Chicago'sMotion for Temporary Restraining Order in CITY OF WEST CHICAGO vs.UNITED STATES NUCLEAR. REGULATORY COMMISSION and R. G. PAGE,

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3. That the CITY OF WEST CHICAGO did not receive notice

of XERR-MCGEE'S application for amendment which was approved

on September 28, 1981.

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4. That the CITY OF WEST CHICAGO, has received no

notice of any public hearing with respect to KERR-MCGEE'

CHEMICAL CORPORATION application for amendments to their licensing..

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5. That the CITY OF WEST CHICAGO is docketed as an

interested party in the licensing procedure involving the site,

located in West Chicago, Illinois.'

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6. That the application for amendments and the related+

activities significantly effect human environment in the City,

of West Chicago in that:,

1. The value of real property located in West Chicagowill be effected adversely.

2. That the air, water and other natural resources

may be contaminated if storage or burial of materials is permittedi

on the site located in West Chicago, Illinois.< 3. That the anthetic qualities of the City will

be adversely affected by such burial and storage located inWest Chicago, Illinois.

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7. That*he is acting within,the authority vested

in him as evidenced by the powers granted to him by the

Illinois Revised Statutes and the Code of City Ordinances of

the City of West Chicago.

8. That the off-site locations are not licensed by

the NRC.

9. FURTHER AFFIANT SAYETH NOT.

. be cs w) Am1 WA. Eugen Rennels (

STATE OF ILLIN0IS)) SS.

COUNTY OF DU PACE)

I, A. EUGENE RENNELS, on oath depose and say that Ihave read the above and foregoing Affidavit by me subscribed,and that the facts stated therein are true to the best ofmy knowledge, information and belief

YM d2db /w/J -A. Euggie' Rennelir ' '

I Subscribed and Sworn.tobefope mp t)is . 8 de' day

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of fn0.p f, pd ) , l'.: UL.

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No,tary Public

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IN THE UNITED STATES DISTilICT COURT*FOR THE NORTHERN DISTRICT OF ILLINOIS

* SASTERN D1V1510N.

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)PEOPLE OF THE STATE OF ILLIN0IS, . )

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)Plaintiff, )

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v. )' No. 80-C2776 -

)XERR-McCEE CORPORATION, .).

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(A Delaware Cor.coration) ') .'.)

Defendant. ))

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AFFIDAVIT OF WILLIAM A. HIXON-

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State of Maryland ) *

) : .s :County of MontEomery )

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^William A. Nixon, beinig duly sworn, deposes and says: -

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1. I am employed at the Divistwo of Puel Cycle and Material '

Safety, NRC Office of Iluclear Macarial Safety and Saroguards. The . ~

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statements made in thi:: affidavit are based upon my knowledge and '

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information available to ne in my official capacity.

2.. Through my orra cial dotanu .iu Pro, Ject. Manager I have become

familiar with the cusoll L itoin at : ad proposed decommissioning of the *

Xerr-McGee West Chicago Itare Eartha Pacility (" Rare Earths Pacility")located in West chli.nco, 1111oots.

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3 Xerr-Mcoee qhemJeal Corporation ("Kerr-Mcoce") acquired the.

Rcre Earths Facility in,196/. I:i.tr-Mcoec and its predecessor ccct- *

panies operated the Itare E:.rtha Pacility- from 1932 to 1913 to pro-

duce. chemical comcousahi c ... . o. .. . i n ... t horiu.n, a naturally occurring

radicactive element . and c..i e ., acus elec.ents ..

4 Thorium is s' " source n .'.. r M t" for'the ;.urrccys of the J. corr.ic

Energy Act of 1954,- as n .utes%t WL) 42 U.S.C. 2014x,10 CFR 40.4(h).

. ,aI?h @-Because the facility proecc:.ed thor $uia, it stas or131nally licensed~J4" by the Atomic Encrcy comnission in May loS6 and is now licensed by

h ' Originally _ filed in PEOPLE OF STATE OF ILLINOIS v. KERR-MCGEEMye

CORPORATION, Docket No. 80 C 2776, U. S. District Court for the.;.Nov.them F%rTreke

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the Nuclear Reculatory Co?. mission. The material on-site contains

. tailings from the milling of ore either for its source material

content (thorium) or for rare earths recovery. Depending on

their thorium content, the tailings are either " byproduct material",

or " source material" for the purposes of the Act. Under license

No. STA-583, as now effective, Kerr-Mecee is authorized to possess

and store thorium ores but is not authorized to process thorium. * *

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5. The Rare Earths Facility covers 43 acres divided in three

sections: the 8 acre facility site contains processing and other

buildings; the 27 acre disposal site contains thorium ore residues

and other processing whstes; and the 8 acre linking site connects

the other two sites.

.6. On October 3, 197's, K.:re-McGee submitted' to the NRC a plan . .

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j for on-site burial or wastes at the Rare Earths Facility. Kerr-

I- "cCee withdrew that plan in lite 1976 because of concerns expressed

by HRC and Illinois state .tc.:ney representatives..

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7. Since late 2 976, flue has t.een working with Kerr-!!ccee,Ij Argonne National Labrar. story (stJL), and State and local representa-r

; tives to define t t.e .a rv t y .'in.l environmental impacts of the site,

f find to determine sit up% n t ion s r the wastes. ANL has submittede

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' reports to the f!RC co: analyut.s of soll and water camples obtained'

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t by drilling five holes en ti.e site (July 1977); characteristics!

of the radioactive .itnt non-rattivactive chemical contaminants on

j the cite surroce, a ne t ns;..ai.%nts of the potential radiological

cnd non-radiologica3 1 i,... e t u ' h.i t could be expected from disposal.

ty wither on-st'.e buria' or by orf-site transportation to a

liconsed burial r.rc mt '.'enie '403).

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8. In July 197,7, Xerr-Xccee agreed to develop a decommissioningplan for the Rare Earths Facility. An amendinent to the existing

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N9C license is required for decommissioning the Rare Earths

Facility and stabilizing the thorium wastes at the site..

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,9. On December 31s 1976, in response to an NRC Order of Novem-

ber 16, 1978, Xerr-Xccee submitted a decommissioning plan to the

NRC. After receiving public comments on the plan, the NRC on

April 10, 1979, requested Kerr-McGee to submit a revised plan

including sufficient details to permit NRC to prepare an environ-

nental inpact statement.

10. On August 15, 1979, Kerr-ftcuve submitted a revised plan for,

decommissioning the facility site and stabilizing the disposal

site. Xerr-McGee's preferred plan proposes to demolish and

remove all buildino reum the ra e t ory site and encapsulate the

disposal site with clity cuentsil Ly a Jayer of topsoil. Kerr-'

l'cGee distributed the n ] .i o rve giublic comment, discussed it with

the ' dest Chicago City council on August 6, 1979, and held a

public meeting on the p30e at Ueut Chicago liigh School on August'N

8, 1979. T',ie re vt ecil 9 .u u.e u r vteued by federal, state and1 -

local officials ant! sdditjunal questions and comments were cub- .

mitted to Kerr *'cGee in !!ovember l')79. Xerr-McGee responded to

the questions and conaaents by Jutter dated April 29, 1900, and *

the review of their submittal is continuing. Additional infor-

mation is to be receivesi r ee. o Ke;r t'cCce on alternate sites for

watte stabilization an! .' t .pwni' . -

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11. On December 6 ?979, t?" ?:4e ;urued Notice of Availability,

of Stabilizatien Plan nru' ' n t; n '. te Prepare a Draft Environncatal

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Impact Statement Concerning approval of a plan to Decommission44the Rare garths Jacility Located at West Chicago, Illinois.

Fed. Reg. 72246 (December 13, 1979). Tne draft environmental

impact statement will analyze Kerr-McGee's preferred plan to.

decommission its Rare Earths Facility and alternatives to the'

preferred plan. "'he NRC has determined that authorizing decom- .

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missioning activities will result in actions which significantly ,

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affect the quality of the human environment. NRC is now prepar- |.t

ing the draft environmental imuset statement.- . ..

12. As a separate matter, on Ju1*/ 31, 1979, Kerr-McGee submitted

a Radiological Health Safety Plan to the Region III office of theNRC Office of Inspection and Cr forccmanc . That plan, am.3ng other

+ things, proposed decontaminatlun of the on-site buildings byremoving their radioactiv.: euntanto.stion. The plan was submitted

in accordance with a July 1976 ncreement with the Region III*

of fice that no decr nt.on t o.at lun : -u bt be performed prior to approvale

of the pl:an by the r.:r.1 ons l u f f t . u . The approved plan permits.,

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decontamination act!.vitle t h.. t ..ru common to any decommissioning

plan that may be o!. proved a n.1, therefore, does not preclude any

particular future set 1on.

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/WILLIAM A. NIXON

State of 1*aryland ) .. :, :.

County of f.'ontzomi:ry ,

Subscribed and worri to t, rs.re ... :

this f' da/ of j . . , _ , t '.s .o

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5 5.8 APPENDIX A-ZONING S G.1^

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(B) Building or structure designed or intended for a permitted use. The>

nonconforming use of part of a building or structure all or substantially all of which,

building or structure is designed or intended for a use permitted in the district in which -

it is located, shall not be expanded or extend into any other portion of such building orstructure nor changed to any oth'er nonconforming use.

(C) Land. The nonconformin'g use of land, not involving a building or structurb, or,

in connection with any building or structure incidental or accessory to the principal use.of the land, shall not be expanded, or extended beyond the area it occupies.

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5.9. Change of nonconforming use..-

Building or structure designed or intended for a nonconforming use. Thenonconforming use of a building or structure, substantially all of which is designed orintended for a use not permitted in the district in which it is located, may be changedto a uso allowed in said district.

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ARTICLE VI. RESIDENCE DISTRICTS .

G.I. E-R estato district. -

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G.1-1. Permitted uses. '

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(A) Single family deta.ched dwelling.

(B) Church, chapels, temples, synagogues. .

(C) Convent, monastery and religious retreats.

(D) Country club. -,

i (E) Golf courses, but not golf driving ranges, pitch and putt, minature golf coursesor par-3 golf courses.

(F) Parks, playgrounds and forest preserves.,

(G) Public library.!(H)Public open land, refuge or preserve.

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(1) Noncommercial recreational buildings and community centers.

(J) Public or private schools, elementary, high, junior college, college oruniversity. Private schools shall have a curriculum substantially identical tothat ordinarily given in a public elementary or high school, and have no rooms

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regularly used for housing or sleeping purposes.

G.12. Accessory uses. As permitted in accordance with Article III, section 3.10. .

G.13. Special uses.

(A) Planned developments.i

Supp.No.6West Chicago Code of Ordinances

1243

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SG1WEST CHICAGO CODESG.1* * ~.

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(B) Cemeteries.

(C) Cultural facilities.

, kD) Health' facilities. ,'. . < .

(E) Public buildings and facilities.

6.'l-4. Lot size requirements. With the exception of planned residential develop-,- ,

ments, a separate ground area herein called the zoning lot, shall be designated, , d

provided and continuously maintained for each structure containing a permitted or-.

special use, as follows: *

Minimum .,MinimumLot WidthLot Area _.

(A) Permitted Uses (square feet) (feet) pr

150.! Single-family dwelling 40,000

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Recreational and social150 j

buildings 60,0001150

Religious institutions 80,000 .

125'

Schools 30,000 ~. |

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All other permitted usca shall be located o'n a lot having an area of not less . . , . . . . , . ,

than one hundred thousand (100,000) square feet with a minimum width of two , , ' ., ,, ;'

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hundred (200) feet at the established building line. 'j'

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)' Minimum .

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Lot WidthMinimum\

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(feet)-'

Lot Area.(B) Special Uses ' ',

75O feet| Planned developments 40 acres '

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200 feet' Cemeteries 10 acres

150 feetCultural facilities 80,000 sq. ft.

150 feet -

Health facilities 80,000 sq. ft.,

Public services and utilities as specified by the plan commission.

G.1-5. Yard requirements..

(A) Minimum front yards:

(1) Single. family dwelling: Forty (40) feet.'

I (2) All other permitted or special uses: Fifty (50) feet.

(B) Minimum corner side yard:

(1) Single family dwelling: Thirty-five (35) feet..

(2) Schools: Fifty (50) feet. .

(3) All other permitted and special uses: Thirty-five (35) feet. <

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Supp.No.61244

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, , , , . . . , " ' UNITLD ;, TAI U,j>'- . , ,NUCLEAR REGULATORY COtAtalSSION

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7, W ASHINGTON, D. C. 20555ir

}***** JAN 14 1981 .

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U.S. Environmental protection hgencyATTN: Ms. Kathy L. Sumerlee ,

project Manager ;

Hoise and Radiation Enforcement Division |

ilashington. 0.C. 20460 j, ,

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iDear Ms. Sumerlee;'

In your December 12, 1980 letter you asked several questions relating to the )E.I.S. we are preparing for the decommissioning of the Kerr-McGee site in WestChicago, Illinois. Our Mr. Nixon discussed the questions with your Mr. Jackson *

by telephone on January 6,1981. The object of this letter is to confirm the

following information given to Mr. Jackson:

1. Kress Creek Contamination .

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The existing condition of Kress Creek, the health and - -

safety aspects of existing contamination and the need, ifany, for cicaning up the creek will be addressed in the E.I.S. :

In addition, provisions to be taken during decommissioning .

to prevent further degradation of the creek will be discussed. ,

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2. Thorium Residuals Off-Site in West Chicago.

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The E.I.S. will not address the thorium residuals which ,

are present at various locations other than.the Kerr-McGee ',

! site in West Chicago. There is no legal basis for requiring *

! . a present or past owner to clean up off-site contaminationwhich occurred prior to November 8,1978, the date when tail-ings became subject to NRC regulation. NRC, however, will

' conduct a radiological survey of the material in Reed-Kepler -

i Park during 1981. In addition, NRC is taking steps to developa Federal position regarding responsibilities for radioactive

,contamination in unrestricted areas from past plant operations. ,

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3. Groundwater

The E.I.S. will discuss the impact of past operationson groundwater at the site. In a'ddition the E.I.S. willaddress steps to be taken during decomissioning operationsand specific features of the decomissioning plan which will

l protect groundwater supplies during and after plant decomis-sioning. There is no evidence of leaking of radioactivematerials into the bedrock aquifer.

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13. Kathy L. Sumerlec 2 ,

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The draft E.I. S. is scheduled to be published in April,1981. Coments onthe draf t will be obtained, of course, from i6terested Federal, State and -

local agencies and members of the public. A decision regarding the deconi-missio6ing of the site will be made when the final. E. I. S. is published.

Sincerely...

aL . A/.

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W. T. Crow. Section Leader-

Uranium Process Licensing SectionUranium Fuel Licer. sing Branch

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Division of Fuel Cycle andMaterial Safety

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1:xce rp t I coin - Ke n r -Me n e ' , pr.,poued Stabiliv.ation Planr

for 1,1cenne STA-b83, submitted August 15, 1979; .

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NOTICE OF FILING.

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Please take notice that on the 23rd day of Apri;14,.,

_'1981, I filed the attached Petition to Intervene and's

Request for Hearing and Petition for Hearing and Admission

as Party with the United States Nuclear Regulatory Commiysionby mailing same, Certified Mail, to the attention of Mr. '

; ',

Chase Stevens. - -.,

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$st u /}f / t.1$s

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NOTICE OF MAILING '

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I certify that a true and correct copy of Petition+ -

to Intervene and Request for Hearing and Petition for N,

HearingandAdmissionasPartywasserveduponthosepartiks

whose names are attached hereto, by placing same in .the

U. S. Mail with proper postage affixed, at West Chicago,

Illinois on April 23, 1982.

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NRC Feadquarters, Harvey' Shulman1717 H Street NW ' Special Assistant to the GeneralWashingtcn D.G. .20555 Counsel- >

U.S. Nuclear Regulatory Commission+

ATTN: Chqse,Stevens g Washington, D. C. 20555-

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J.L. Rainey '' ; - .G. Paul Bollwark IIIKerr-McGee Chem! cal Corporation -Jettorneyi-

Kerr-McGee Center ~U.S.' Nuclear Regulatory Commission,

Washirgton, D. C. 20555123 Robert Y. Kerr Avenue --

Oklahoma City, Oklahoma 73102 s

Andrew'F. Walch, AttorneyGener'al Litigation.Section -

Land and Nhtural Resources Division u

Department of Justice10th and Peringylvunia Avenue, N.W.

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Washington, D.C. 20530'

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John C. Berghoff, Jr., Esq.Chadwell, Kayserb F.uggles, McGee

5 Hastings , LTD.s,

8500 Sears Tower .s

5 ,' ' 233 South Wacker DriveChicago, Illinois 60606

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Ms. Gail C. GinsbergAsuistant United States AttorneyUnited States CourthouseChicago, Illinois 60604

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