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NEWKIRK v. BIGARD

No. 5-83-0415.

125 Ill. App.3d 454 (1984)

466 N.E.2d 243

WALTER NEWKIRK et al., Plaintiffs and Counterdefendants-Appellants and Cross-Appellees, v. JOSEPH G. BIGARD, Indiv. and d/b/a B & B Oil Company, et al., Defendants-Appellees — (Joseph G. Bigard, Indiv. and d/b/a B & B Oil Company, et al., Counterplaintiffs-Appellees and Cross-Appellants).

Appellate Court of Illinois — Fifth District.

Rehearing denied August 6, 1984.

Attorney(s) appearing for the Case

Richard Briles Moriarty, of Newton, for appellants.

Neil F. Hartigan, Attorney General, of Springfield (Rosalyn B. Kaplan, Assistant Attorney General, of counsel), for appellee Brad Evilsizer.

Lawrence Eaton, of Eaton, Eaton & Tomaw, of Newton, for other appellees.

Affirmed in part, affirmed as modified in part, dismissed in part, and reversed and remanded in part.

PRESIDING JUSTICE WELCH delivered the opinion of the court:

At issue here is an order of the Illinois Mining Board integrating oil and gas interests in certain Jasper County land and establishing a drilling unit composed of that land. The question presented is whether that order was invalid for failing to prescribe...

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