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SEILER v. ZEIGLER COAL HOLDING CO.

No. 5-00-0637.

782 N.E.2d 316 (2002)

335 Ill. App.3d 1127

270 Ill.Dec. 122

Deon SEILER and Fred Seiler, Plaintiffs-Appellants, v. ZEIGLER COAL HOLDING COMPANY, Defendant (Old Ben Coal Company, Timothy Bauman, Tina Bauman, Carl V. Gates, and Donald G. Gates, Defendants-Appellees).

Appellate Court of Illinois, Fifth District.

December 23, 2002.

Attorney(s) appearing for the Case

George C. Lackey, Lackey & Lackey, P.C., Centralia, for Appellants.

Roger H. Seibert, Johnson, Seibert & Bigham, Pinckneyville, for Old Ben Coal Company.

Ronald J. Giacone, R. James Giacone, II, Benton, for Timothy Bauman and Tina Bauman.

Robert Michael Drone, Conger & Elliott, Prof. Corp., Carmi, for Carl V. Gates and Donald G. Gates.

Justice GOLDENHERSH delivered the opinion of the court:

Clarence Deon Seiler and Fred Seiler (plaintiffs) filed suit against Zeigler Coal Holding Company, Old Ben Coal Company, Timothy Bauman, Tina Bauman, Carl V. Gates, and Donald G. Gates (defendants) in the circuit court of Franklin County. Plaintiffs sought damages regarding an interest in minerals they claim as successors to parties to a covenant. The circuit court granted defendants' motion for summary judgment...

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