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CONSOLIDATION COAL CO. v. MUTCHMAN

No. 26A01-8907-CV-00285.

565 N.E.2d 1074 (1990)

CONSOLIDATION COAL COMPANY, Adele Wasson, et al., Appellants (Plaintiffs/Counterclaim Defendants below), v. Eldon L. MUTCHMAN, Charles Marvel, et al., Appellees (Defendants/Class Representative Counterclaimants below).

Court of Appeals of Indiana, First District.

Opinion on Denial of Rehearing February 21, 1991.

Attorney(s) appearing for the Case

Richard B. Steedman, Evansville, J. William Bruner, Robert R. Aylsworth, Boonville, (Stephen T. Link, of counsel, on the Brief), Evansville, for appellants.

James G. McDonald, Jr., McDonald & McDonald, Charles R. Nixon, Fair & Fair, Verner P. Partenheimer, Hall, Partenheimer & Kinkle, Princeton, for appellees.

ROBERTSON, Judge.

Consolidation Coal Co. appeals the granting of class representative Eldon L. Mutchman's motion to correct error which sought the setting aside of two partial summary judgments granted in Consolidation Coal's favor on its complaint to quiet title, for declaratory judgment and reformation of deeds.

We reverse and direct that a partial summary judgment be entered consistent with this opinion.

This appeal stems from a dispute over certain...

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