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WIGGINS v. BRAZIL COAL AND CLAY CORP.

No. 1-1181A328.

440 N.E.2d 495 (1982)

Charles A. WIGGINS and Ruth P. Wiggins, d/b/a Sugar Ridge Lake Estates; Jack Stevenson; James M. Deady and Audrey C. Deady; Norris E. Sherman and Lois M. Sherman; Hubert A. Scheidler and Ruth G. Scheidler; Eugene D. Walters and Antoinette A. Walters; Daniel J. Sullivan, Jr. and Gail G. Sullivan; Wayne Karanovich and Martha G. Karanovich; Robert C. Trout and Marilyn L. Trout; Don E. Handlin; Carl R. Shepherd and Virginia L. Shepherd, Appellants (Plaintiffs below), v. BRAZIL COAL AND CLAY CORPORATION, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

Rehearing Denied November 5, 1982.

Attorney(s) appearing for the Case

Hansford C. Mann, Mann, Chaney, Johnson, Hicks & Goodwin, Terre Haute, for appellants.

Cox, Zwerner, Gambill & Sullivan, Terre Haute, James B. Sparks, Bloomfield, for appellee.

ROBERTSON, Judge.

The plaintiffs-appellants, Charles A. and Ruth P. Wiggins (Wiggins) appeal the decision of the trial court which found in favor of the Brazil Coal and Clay Corporation (Brazil Coal). The Wigginses and other property owners, in a subdivision in Clay County called Sugar Ridge Lake Estates, allege that the surface mining activities of Brazil Coal caused the loss of the water in the lake.

We reverse and remand.

The lake was formed prior...

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