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ILLINOIS MINE SUBSIDENCE INS. v. PEABODY COAL

No. 02-3253.

383 F.Supp.2d 1078 (2005)

ILLINOIS MINE SUBSIDENCE INSURANCE FUND, Plaintiff, v. PEABODY COAL COMPANY, a Delaware corporation, Defendant.

United States District Court, C.D. Illinois. Springfield Division.

August 23, 2005.

Attorney(s) appearing for the Case

Christopher M. Tietz, Tietz & Richardson, Decatur, IL, Dennis M. O'Brien, Robert J. Shelist, Chicago, IL, Douglas J. Quivey, Londrigan, Potter & Randle, PC, Springfield, IL, for Plaintiff.

Dayna L. Johnson, William A. Schmitt, Greensfelder, Hemker & Gale, Belleville, IL, for Defendant.

OPINION

RICHARD MILLS, District Judge.

This case is before the Court on three motions for summary judgment.

Plaintiff moves for summary judgment on its claims and on Defendant's first and second affirmative defenses; Defendant moves on all remaining claims.

At the end of the day, Peabody Coal prevails.

I. FACTUAL BACKGROUND

Plaintiff Illinois Mine Subsidence Insurance...

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