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KNOX COUNTY v. MID STATE COAL CO.

No. 3-93-0900.

640 N.E.2d 4 (1994)

265 Ill. App.3d 782

203 Ill.Dec. 577

KNOX COUNTY, Plaintiff-Appellee, v. MIDLAND COAL COMPANY, Defendant (Mid State Coal Company, Defendant-Appellant; The Department of Mines and Minerals, Defendants).

Appellate Court of Illinois, Third District.

August 25, 1994.

Attorney(s) appearing for the Case

Michael R. Lied (argued), Husch & Eppenberger, Peoria, for Midstate Coal Co.

William Morris (argued), Pekin, for Knox County.

Justice LYTTON delivered the opinion of the court:

Mid State Coal Company (Mid State) appeals from summary judgment entered in the circuit court of Knox County in favor of the County of Knox (County) on Mid State's claim for damages allegedly resulting from entry of a preliminary injunction which prevented Mid State from commencing strip mine operations pursuant to a permit issued by the Illinois Department of Mines and Minerals (Department). Mid State contends that...

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