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WILLIAMS v. JADER FUEL CO., INC.

No. 90-2333.

944 F.2d 1388 (1991)

Billie WILLIAMS, Plaintiff-Appellant, v. JADER FUEL COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 1, 1991.

Attorney(s) appearing for the Case

John Ewart (argued), John H. Armstrong (argued), Craig & Craig, Mattoon, Ill., Paul R. Lynch, Craig & Craig, Mt. Vernon, Ill., George P. Latchford, River Forest, Ill., for plaintiff-appellant.

Joshua G. Vincent (argued), Hinshaw & Culbertson, Chicago, Ill., William F. Trapp, Harvey B. Stephens, Brown, Hay & Stephens, Springfield, Ill., James H. Smith, Shawneetown, Ill., D. Bradley Blodgett, William Hardy, Hinshaw & Culbertson, Springfield, Ill., for defendant-appellee.

Before COFFEY, FLAUM and MANION, Circuit Judges.

FLAUM, Circuit Judge.

Plaintiff Billie Williams was the part owner of Lovilia Coal Company. In 1981, Lovilia entered into a contract with defendant Jader Fuels, like Lovilia a coal-mining concern. Under the contract, Lovilia was allowed to mine by sub-surface methods on certain land leased by Jader. Lovilia mined beyond the boundaries of the tract identified in the agreement, and began to tunnel under an adjacent piece of land, also leased by Jader. Jader began strip...

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