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McANELLY v. GRAVES

No. 83-244.

126 Ill. App.3d 528 (1984)

467 N.E.2d 377

DALE McANELLY, Plaintiff-Appellant, v. LEONARD GRAVES et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed August 7, 1984.

Attorney(s) appearing for the Case

Keith W. Kibler and Paul Thomas Austin & Associates, both of Marion, for appellant.

Winters, Garrison, Brewster, Permar, Speroni & Murphy, of Marion, for appellees.

Reversed and remanded.

JUSTICE JONES delivered the opinion of the court:

Plaintiff, Dale McAnelly, brought the instant action as lessee under a coal lease to recover an advance royalty payment made to lessors Leonard and Sandra Graves. Following execution of the lease, the lessors had transferred their interests in the leased property to defendants William Carlton and Bi-State Coal Company, Inc. (Bi-State). Carlton, one of the lessors' successors in interest...

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