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GROVE v. WINTER

No. 5-88-0069.

197 Ill. App.3d 406 (1990)

554 N.E.2d 722

ELZA GROVE et al., Plaintiffs-Appellants, v. STANLEY WINTER et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed April 26, 1990.

Attorney(s) appearing for the Case

Thomas J. Logue, of Glenn & Logue, of Mattoon, for appellants.

James F. Jarrett, of Schniederjon, Weber & Jarrett, of Effingham, for appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE HOWERTON delivered the opinion of the court:

Plaintiffs, Elza and Rosemarie Grove, own 60 acres of land in Shelby County, Illinois. Plaintiffs entered into a lease mining agreement with defendants, Stanley and Virgil Winter, giving defendants the right to mine and remove limestone from plaintiffs' land for 30 years, in return for a royalty for the limestone mined. During the mining operation, defendants...

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