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WARRICK COUNTY COAL CORP. v. WARRICK COUNTY

No. EV 89-65-C.

761 F.Supp. 605 (1990)

WARRICK COUNTY COAL CORPORATION, et al., Plaintiffs, v. WARRICK COUNTY and Richard McKain, Paul Gore and Jerry L. Stuart, in their capacity of Warrick County Commissioners, Defendants.

United States District Court, S.D. Indiana, Evansville Division.

January 3, 1990.

Attorney(s) appearing for the Case

Robert T. Bodkin, Bamberger Foreman Oswald & Hahn, Evansville, Ind., for plaintiffs.

David L. Jones, Jones and Wallace, Evansville, Ind., for defendants.

S. Anthony Long, Phillips and Long, Boonville, Ind., for defendants McKain, Gore and Stuart.

MEMORANDUM

BROOKS, Chief Judge.

This matter comes before the Court upon the Petition for Preliminary Injunction filed by the plaintiff, Warrick County Coal Corporation. Warrick Minerals, Inc. subsequently intervened as a plaintiff. The plaintiffs are seeking to enjoin the defendant, Warrick County, from enforcing restrictions on coal truck traffic upon Yankeetown Road in Warrick County, Indiana.

The intervening plaintiff, Warrick Minerals, is the...

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