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WIGGINS v. BRAZIL COAL AND CLAY CORP.

No. 883S315.

452 N.E.2d 958 (1983)

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 G. Trout and Marilyn L. Trout, Don E. Handlin, Carl R. Shepherd and Virginia L. Shepherd, Appellants, v. BRAZIL COAL AND CLAY CORPORATION, Appellee.

Supreme Court of Indiana.

Rehearing Denied November 10, 1983.

Attorney(s) appearing for the Case

Hansford C. Mann, Terre Haute, for appellants.

William M. Evans, Indianapolis, for amicus curiae Indiana Legal Foundation.

G. Daniel Kelley, Jr., Scott A. Smith, Indianapolis, for amicus curiae.

David W. Sullivan, Terre Haute, James B. Sparks, Bloomfield, for appellee.

ON PETITION TO TRANSFER

DeBRULER, Justice.

In this case the owners of a strip pit in Clay County, Indiana sued a strip mining company for damages and an injunction for causing the loss of water from their strip pit. The trial judge made special findings of fact and entered his conclusions of law and final judgment in favor of the defendant coal stripping company. On appeal, the First District Court of Appeals at 440 N.E.2d 495

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