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SMITH v. DUNCAN

No. 5-91-0377.

595 N.E.2d 645 (1992)

230 Ill. App.3d 164

172 Ill.Dec. 284

Roger J. SMITH and Trisha Weger, Plaintiffs-Appellants, v. Harold A. DUNCAN and Helen Duncan, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

June 22, 1992.

Attorney(s) appearing for the Case

Barry Schaefer, Newton, for plaintiffsappellants.

Max L. Tedford, Cox, Phillips, Weber, Tedford & Heap, P.C., Robinson, for defendants-appellees.

Justice HARRISON delivered the opinion of the court:

Plaintiffs, Roger J. Smith and Trisha Weger, the operators of an oil and gas lease upon land in Crawford County owned by defendants, Harold A. Duncan and Helen Duncan, filed suit to enjoin defendants from interfering with their operation of the leasehold. Defendants counterclaimed, attempting to cancel plaintiffs' lease on the ground that it terminated due to non-production. Following a hearing on the complaint...

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