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MELVIN v. OLD BEN COAL CO.

Civ. No. 84-4343.

610 F.Supp. 131 (1985)

Danny MELVIN and Janet Melvin, Individually and as next friend of Shanie Melvin, a Minor, Plaintiffs, v. OLD BEN COAL COMPANY, a corporation, Defendant.

United States District Court, S.D. Illinois, Benton Division.

May 24, 1985.

Attorney(s) appearing for the Case

Harold B. Culley, Jr., West Frankfort, Ill., for plaintiffs.

William W. Hart, Jr., Hart & Hart, P.C., Benton, Ill., for defendant; Campbell & DiVincenzo, Chicago, Ill., Edmund J. Moriarty, Mark M. Pierce, Stephen J. Birek, Jr., Old Ben Coal Co., Lexington, Ky., of counsel.

Mark A. LaRose, Asst. Atty. Gen., State of Ill., Springfield, Ill., for Ill. Dept. of Mines & Minerals.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

Before the Court is defendant Old Ben Coal Company's Motion to Dismiss plaintiffs' Complaint. Plaintiffs claim that defendant's longwall mining operation has caused the surface of the land owned and occupied by plaintiffs to subside, thereby resulting in damage to plaintiffs' dwelling, swimming pool, and outbuildings. Count I of plaintiffs' Complaint alleges a statutory claim for relief founded on Chapter 96½...

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