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PEOPLE EX REL. MORSE v. E & B COAL CO.

No. 5-91-0810.

634 N.E.2d 436 (1994)

261 Ill. App.3d 738

199 Ill.Dec. 597

The PEOPLE of the State of Illinois, ex rel. Ronald MORSE, Director of Mines and Minerals, Plaintiff-Appellant, v. E & B COAL COMPANY, INC., an Illinois Corporation, Margaret Chamness, Barbara Everly, and Edward Everly, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

May 17, 1994.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Chicago (Deborah L. Ahlstrand, Asst. Atty. Gen., of counsel), for plaintiff-appellant

James K. Powless, Marion, for Margaret Chamness.

Pamela Lacey, Hart & Hart, Benton, for Edward Everly.

Justice GOLDENHERSH delivered the opinion of the court:

Plaintiff, People of the State of Illinois ex rel. Ronald Morse, Director of Mines and Minerals, filed this action to collect fines in the amount of $355,445 for violations of the Surface Coal Mining Land Conservation and Reclamation Act (the Act) (Ill.Rev.Stat.1989, ch. 96½, par. 7901.01 et seq. (now 225 ILCS 720/1.01 et seq. (West 1992)). Plaintiff appeals from a summary judgment of...

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