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SCHROEDER v. SCHROEDER

No. 5-84-0367.

133 Ill. App.3d 740 (1985)

479 N.E.2d 391

JESSIE SCHROEDER, Plaintiff-Appellee, v. FREDERICK A. SCHROEDER et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed May 8, 1985.

Attorney(s) appearing for the Case

John E. Rhine, of Fowler, Rhine & Cawley, of Mt. Carmel, for appellant Frederick A. Schroeder.

John F. Borden, of Gosnell, Benecki, Borden & Enloe, Ltd., of Lawrenceville, for appellee.

Judgment affirmed.

PRESIDING JUSTICE JONES delivered the opinion of the court:

This is a case of first impression in Illinois, presenting the issue of whether the holder of an executive right to a mineral interest has a duty to the owner of a mineral interest subject to that executive right, and, if so, what is the nature and extent of that duty.

The plaintiff, Jessie Schroeder, and the defendant, Frederick...

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