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DART v. LEAVELL

No. 5-02-0441.

795 N.E.2d 310 (2003)

341 Ill. App.3d 1091

276 Ill.Dec. 957

Herbert Eugene DART and Mary Jane Dart, Plaintiffs-Appellees, v. Stanley LEAVELL and Eva Lovene Leavell, Defendants-Appellants and (Betty Dunlap, Sherry Wells, and Bi-Petro, Inc., Defendants).

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted July 25, 2003.

Opinion Filed July 25, 2003.

Attorney(s) appearing for the Case

Christopher Heid, Carmi, for Appellants.

Frank J. Weber, Cox, Phillips, Weber, Tedford & Heap, P.C., Robinson, for Appellees.

Justice MAAG delivered the opinion of the court:

The plaintiffs, Herbert Eugene Dart and Mary Jane Dart, filed an action to cancel an oil and gas lease granted to the defendants, Stanley Leavell and Eva Lovene Leavell, alleging that the lease had been forfeited due to nonproduction and inoperable equipment. Following a bench trial, the circuit court of Crawford County entered a judgment for the plaintiffs. The court found...

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