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DETHLOFF v. ZEIGLER COAL CO.

No. 51950, 51953 cons.

82 Ill.2d 393 (1980)

412 N.E.2d 526

PHILLIP A. DETHLOFF et al., Appellants, v. ZEIGLER COAL CO., Appellee.

Supreme Court of Illinois.

Rehearing denied November 26, 1980.

Attorney(s) appearing for the Case

Leonard M. Ring, of Chicago (Leonard M. Ring & Associates; Arnold F. Blockman and Brian L. McPheters, of Hatch, Nicol, Blockman & McPheters, of Champaign; and Raymond Lee, Jr., of Tuscola, of counsel), for appellants.

Craig & Craig, of Mattoon (John H. Armstrong and Richard F. Record, Jr., of counsel), Baker & McKenzie, of Chicago (Francis D. Morrissey, Edward J. Zulkey and George H. Olsen, of counsel), and Latchford, Rice & O'Brien, of Chicago (James B. Rice, of counsel), for appellee.

Appellate court affirmed in part and reversed in part; circuit court affirmed in part and reversed in part; cause remanded.

MR. JUSTICE WARD delivered the opinion of the court:

On June 29, 1976, Phillip and Dorothy Dethloff filed a complaint in the circuit court of Douglas County alleging that the defendant, the Zeigler Coal Company (Zeigler), had unlawfully entered the plaintiffs' land in January of 1976 and mined coal which it later converted. Counts I ...

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