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AMBROSIA LAND INVESTMENTS, LLC v. PEABODY COAL CO.

No. 07-1945.

521 F.3d 778 (2008)

AMBROSIA LAND INVESTMENTS, LLC, Plaintiff-Appellant, and Illinois Mine Subsidence Insurance Fund, Intervening Plaintiff-Appellant, v. PEABODY COAL COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 9, 2008.

Attorney(s) appearing for the Case

Douglas J. Quivey, Londrigan, Potter & Randle, Springfield, IL, James E. Betke (argued), Chicago, IL, William J. Niehoff, Mathis, Marifian, Richter & Grandy, Belleville, IL, for Plaintiff-Appellant.

William A. Schmitt (argued), Greensfelder, Hemker & Gale, Swansea, IL, for Defendant-Appellee.

Before BAUER, CUDAHY and SYKES, Circuit Judges.

BAUER, Circuit Judge.

Plaintiff-Appellant Ambrosia Land Investments, LLC1 ("Ambrosia") and Intervening Plaintiff-Appellant Illinois Mine Subsidence Insurance Fund ("the Fund") (collectively "the Plaintiffs") appeal the district court's conclusion that their claims are barred by the Illinois Construction Statute of Repose, 735 ILCS 5/13-214(b). For the following reasons, we reverse.

I. Background

In 1995, Ambrosia constructed...

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