Illinois Mine Subsidence Insurance Fund v. Peabody Coal Co.

OPINION

RICHARD MILLS, District Judge.

This case is before the Court on three motions for summary judgment.

Plaintiff moves for summary judgment on its claims and on Defendant’s first and second affirmative defenses; Defendant moves on all remaining claims.

At the end of the day, Peabody Coal prevails.

I. FACTUAL BACKGROUND

Plaintiff Illinois Mine Subsidence Insurance Fund (“the Fund”) has filed two different motions for summary judgment, one for the entry of summary judgment as to two of Defendant Peabody Coal Company’s affirmative defenses. In its other motion, the Plaintiff alleges it is…