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HALE v. PEABODY COAL COMPANY

No. 1-175A17.

343 N.E.2d 316 (1976)

Darrell HALE et Ux., Plaintiff-Appellant, v. PEABODY COAL COMPANY et al., Defendants-Appellees.

Court of Appeals of Indiana, First District.

March 10, 1976.

Attorney(s) appearing for the Case

B. Michael McCormick, McCormick, Blumberg & Weber, Terre Haute, William G. Brown, Brazil, for plaintiff-appellant.

Robert S. Ratcliffe, Dix, Patrick, Ratcliffe & Adamson, Terre Haute, for defendants appellees.

ROBERTSON, Chief Judge.

The plaintiff-appellant, Hale, brings this appeal from the trial court's granting of summary judgment in favor of the defendants-appellees, Peabody and Powered.

The sole issue upon appeal is whether summary judgment was properly entered.

We affirm.

The record reveals the following facts: Peabody is engaged in coal mining in Vermillion County at a location known and designated as the Universal Mine. On October 29, 1969...

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