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YOKEL v. HITE

No. 5-02-0674.

809 N.E.2d 721 (2004)

348 Ill. App.3d 703

284 Ill.Dec. 155

Robert M. YOKEL, Mary E. Yokel, and Frank L. Yokel, Plaintiffs-Appellants, v. Thomas M. HITE, Defendant-Appellee (Paul Cash, R.A. Harris, C.M. Harris, Leona P. Harris, Paul L. Strine, Gus C. Tramp, Betty Cain, Charles W. Osborne, Marilyn T. Osborne, Evelyn H. Ray, Robert Mason, Marilyn Longbons, Gerry Schoessler, Steve Cain, Rick Bare, Tom Keith, Nicholas Cain, Steve Castlen, Farm Bureau Oil Company, and Unknown Owners and Nonrecord Claimants, Defendants).

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted May 6, 2004.

Opinion Filed May 6, 2004.

Attorney(s) appearing for the Case

Samuel L. Fieber, Albion, for Appellants.

William C. Illingworth, Rhine, Ernest & Vargo, Mt. Carmel, for Appellees.

Presiding Justice CHAPMAN delivered the opinion of the court:

The plaintiffs, Robert, Mary, and Frank Yokel, appeal an order striking, with prejudice, three counts of their complaint which alleged that the defendant Thomas M. Hite, who was the operator under an agreement unitizing several neighboring oil and gas leases, had breached fiduciary duties he owed to the plaintiffs. The trial court found that the counts failed to allege facts from which it could find that...

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