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FREEMAN COAL MINING CORP. v. RUFF

Gen. No. 10,835.

85 Ill. App.2d 145 (1967)

228 N.E.2d 279

Freeman Coal Mining Corporation, an Illinois Corporation, Bell & Zoller Coal Company, an Illinois Corporation, and Consolidation Coal Company, a Pennsylvania Corporation, Plaintiffs-Appellants, v. L. Leon Ruff, Director of Mines and Minerals in the Department of Mines and Minerals in the State of Illinois, Harry Williamson, et al., and William G. Clark, Attorney General of the State of Illinois, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Rehearing denied August 10, 1967.

Attorney(s) appearing for the Case

Giffin, Winning, Lindner & Newkirk, of Springfield (James M. Winning, of counsel), and Lord, Bissell & Brook, of Chicago (Hamilton K. Beebe and Stephen A. Milwid, of counsel), for appellants.

William G. Clark, Attorney General of the State of Illinois, of Chicago (Richard A. Michael, John J. O'Toole, and Lee D. Martin, Assistant Attorneys General, of counsel), for appellees.

CRAVEN, P.J.

In December of 1965, the attorney general issued an opinion construing the Illinois Coal Mining Act of 1953 as amended. Section 2.11 of that act (Ill Rev Stats 1965, c 93, par 2.11) provides that when an opinion of the attorney general is at variance with an opinion of the mining board, then all parties must abide by the attorney general's opinion except that recourse may be had to the courts.

The 1965 opinion was in conflict with an opinion of...

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