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ISLAND CREEK COAL CO. v. RODGERS

644 S.W.2d 339 (1982)

ISLAND CREEK COAL COMPANY, Appellant, v. Jewell RODGERS and Elsie Rodgers, Appellees. CIMARRON COAL CORPORATION, Appellant, v. Jewell RODGERS and Elsie Rodgers, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied February 9, 1983.

Attorney(s) appearing for the Case

C. Alex Rose, Louisville, William A. Logan, Richard L. Frymire, Joe A. Evans III, Michael D. Hallyburton, Madisonville, for appellants.

Terry Noffsinger, Evansville, Richard E. Hibbs, Madisonville, for appellees.

Before GANT, McDONALD and VANCE, JJ.

McDONALD, Judge:

This is an appeal of a blasting case. It was tried as a lead case, and many others remain to be tried. The appellants, Island Creek Coal Company and Cimarron Coal Corporation, received adverse judgments against them in the circuit court. They prosecute their appeals separately.

The jury awarded the Rodgerses $50,000 in damages for injury to their home. Fifty percent of the award was assessed against Island Creek and 50 percent against Cimarron...

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