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ICG NAT. RESOURCES, LLC v. BPI ENERGY, INC.

No. 5-08-0322.

926 N.E.2d 446 (2010)

ICG NATURAL RESOURCES, LLC, Plaintiff-Appellant, v. BPI ENERGY, INC., f/k/a BPI Industries, Inc.; Addington Exploration, LLC; and Nytis Exploration Company, LLC, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

April 1, 2010.

Attorney(s) appearing for the Case

John E. Rhine, Rhine Ernest LLP, Evansville, IN, William A. Schmitt, Greensfelder, Hemker & Gale, Swansea, IL, for Appellant.

Yvette C. Kirchoff, Jeffrey B. Kolb, J. David Roellgen, Emison, Doolittle, Kolb & Roellgen, Vincennes, IN, James L. Van Winkle, Van Winkle & Van Winkle, McLeansboro, IL, for Appellees.

Presiding Justice GOLDENHERSH delivered the opinion of the court:

Plaintiff, ICG Natural Resources, LLC, filed a declaratory judgment action in the circuit court of Perry County against defendants, BPI Energy, Inc., formerly known as BPI Industries, Inc. (BPI); Addington Exploration, LLC (Addington); and Nytis Exploration Company, LLC (Nytis). The plaintiff asked that two coal-bed-methane leases executed by its predecessor in title be declared void. Cross-motions...

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