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ELLIOTT v. PURE OIL CO.

No. 34117.

10 Ill.2d 146 (1956)

139 N.E.2d 295

LELAND B. ELLIOTT et al., Appellees, v. THE PURE OIL COMPANY, Appellant.

Supreme Court of Illinois.

Rehearing denied January 23, 1957.

Attorney(s) appearing for the Case

W.D. DEAKINS, JR., of Chicago, and FRED McCOLLUM and SMITH, McCOLLUM & RIGGLE, both of Flora, for appellant.

KERN AND PEARCE, of Carmi, for appellees.

Decree affirmed.

Mr. JUSTICE DAVIS delivered the opinion of the court:

This is an action in equity for the cancellation of oil leases for failure to develop and produce oil on the properties. The complaint was in three counts each involving a separate tract owned and leased by plaintiffs to defendant in 1936. Upon hearing, the circuit court of Wayne County entered a decree for the defendant as to counts 1 and 3....

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