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KERN v. PEABODY COAL CO.

No. 5-85-0427.

151 Ill. App.3d 807 (1987)

502 N.E.2d 1322

MELVIN KERN et al., Plaintiffs-Appellees, v. PEABODY COAL COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed January 7, 1987.

Attorney(s) appearing for the Case

W. Thomas Coghill, Jr., and Tracy P. Christianson, both of Thompson & Mitchell, of Belleville, for appellant.

Amiel Cueto, of Cueto, Daley, Williams & Moore, Ltd., of Belleville, for appellees.

Judgment affirmed.

JUSTICE KASSERMAN delivered the opinion of the court:

Defendant, Peabody Coal Company, appeals from the order of the circuit court of St. Clair County entered on May 24, 1985, granting plaintiffs' motion for voluntary dismissal and from a subsequent order on June 19, 1985, denying defendant's motion to set aside the May 24, 1985, order allowing plaintiffs' motion for voluntary dismissal. Defendant contends that the trial court erred in granting...

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