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CONTINENTAL RESOURCES v. ILLINOIS METHANE

No. 5-03-0784.

847 N.E.2d 897 (2006)

364 Ill. App.3d 691

301 Ill.Dec. 887

CONTINENTAL RESOURCES OF ILLINOIS, INC., Plaintiff-Appellant, v. ILLINOIS METHANE, LLC, and DeMier Oil Company, Defendants-Appellees (Royal Talon Company, Intervening Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

April 10, 2006.

Attorney(s) appearing for the Case

Edwina Warner, Troutt, Popit and Warner, P.C., Benton; Eric S. Eissenstat, Fellers, Snider, Blankenship, Bailey & Tippens; Allan DeVore, The DeVore Law Firm, Oklahoma City, OK, for Plaintiff.

James L. Van Winkle, Van Winkle & Van Winkle, McLeansboro, for Illinois Methane, LLC and DeMier Oil Company — Defendants-Appellees.

Robert C. Wilson, Wilson & Cape, Harrisburg, for Illinois Methane, LLC.

John E. Rhine, Rhine, Ernest, & Vargo, Mt. Carmel, for Royal Talon Company — Intervening Defendant.

L. James Hanson, Neubauer, Hanson & Overstreet, P.C., Mt. Vernon, for Illinois Coal Association.

Grant Crandall, United Mine Workers of America, Fairfax, VA; Michael Holland, Cornfield & Feldman, Chicago, for UMWA District 12, Illinois and United Mine Workers of America.

Justice DONOVAN delivered the opinion of the court:

Plaintiff, Continental Resources of Illinois, Inc. (Continental), brought an action against defendants, Illinois Methane, LLC (Illinois Methane), and DeMier Oil Company (DeMier), alleging that, pursuant to certain oil and gas leases, it has the exclusive right to explore, drill, and produce the coalbed methane gas that is being produced by defendants. Continental further alleged that it also has a legal right to...

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