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MONK v. PEABODY COAL CO.

No. 77A04-8803-CV-91.

530 N.E.2d 761 (1988)

Duane MONK and Janet Monk, Appellants (Plaintiffs below), v. PEABODY COAL COMPANY, Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied January 23, 1989.

Attorney(s) appearing for the Case

Stephen L. Trueblood, Landyn K. Harmon, Trueblood Harmon Carter & Cook, Terre Haute, for appellants.

William P. Wooden, Dale W. Eikenberry, Katherine L. Shelby, Wooden McLaughlin & Sterner, Indianapolis, Powell Springer & Elmore, Sullivan, for appellee.

CONOVER, Presiding Judge.

Plaintiffs-Appellants Duane and Janet Monk (Monks) appeal a judgment entered upon a grant of Defendant-Appellee Peabody Coal Company's (Peabody) motion to dismiss under Ind.Rules of Procedure, Trial Rule 41(B).

We affirm.

The Monks raise three issues. We consolidate and restate them as

whether the court erred when it granted an Ind.Rules of Procedure, Trial Rule 41(B) motion to dismiss.

The Monks sued Peabody...

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