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NYE v. LEAVELL

No. 5-06-0321.

876 N.E.2d 666 (2007)

Greg NYE, Plaintiff-Appellee, v. Eva Lovene LEAVELL and Stanley Leavell, Defendants-Appellants, and Bi-Petro, Inc., and Unknown Owners, Defendants.

Appellate Court of Illinois, Fifth District.

May 14, 2007.

Attorney(s) appearing for the Case

Thomas G. Maag, Wendler Law, P.C., Edwardsville, for Eva Lovene Leavell and Stanley Leavell.

David Foreman, Salem, for Bi-Petro, Inc.

Christopher L. Weber, Frank J. Weber, Cox, Phillips, Weber, Tedford & Heap, P.C., Robinson, for Appellee.

Justice SPOMER delivered the opinion of the court:

Defendants Eva Lovene Leavell and Stanley Leavell (the Leavells) appeal an order of the circuit court of Crawford County granting a summary judgment to the plaintiff, Greg Nye, on his complaint in chancery for the cancellation of his oil and gas lease with the Leavells. For the reasons that follow, we reverse and remand for further proceedings not inconsistent with this...

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