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FENWICK v. BLUE BIRD COAL CO.

Term No. 56-O-5.

12 Ill. App.2d 464 (1957)

140 N.E.2d 129

C.C. Fenwick and Zula B. Davis, Plaintiffs-Appellees, v. Blue Bird Coal Company, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Released for publication February 14, 1957.

Attorney(s) appearing for the Case

Rumsey & Dennis, of Harrisburg, for defendant-appellant.

Arlie O. Boswell, Sr., of Harrisburg, for plaintiffs-appellees.

JUDGE CULBERTSON delivered the opinion of the court.

The plaintiffs, C.C. Fenwick and Zula B. Davis, filed an action as against defendant-appellant, Blue Bird Coal Company, a Corporation, and another coal company, Delta Collieries Corporation, to recover damages to growing timber upon the land owned by plaintiffs by reason of mineral impurities which plaintiffs contend were permitted to drain upon the premises of plaintiffs from the coal mines of defendants. It is...

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