HEBENSTREIT v. CONSOLIDATED COAL CO.

Term No. 54-O-8.

3 Ill. App.2d 453 (1954)

122 N.E.2d 843

Emil Hebenstreit, et al., Plaintiffs-Appellees, v. Consolidated Coal Company, Defendant-Appellant, and Wabash Drilling Company, Defendant.

Appellate Court of Illinois.

Rehearing denied December 16, 1954.

Released for publication December 17, 1954.


Attorney(s) appearing for the Case

WALKER & WILLIAMS, of East St. Louis, and WHAM & WHAM, of Centralia, for appellant.

RUSSELL H. CLASSEN, of Belleville, for appellees.


MR. JUSTICE BARDENS delivered the opinion of the court.

A temporary injunction order entered by the circuit court of St. Clair county restrained defendants from continuing certain drilling operations in an area protected by a residential restrictive covenant. Defendant coal company appeals from such order contending primarily that their activity was not in violation of such covenant and that plaintiffs' complaint failed to state a cause of action.

The evidence...

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