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Maschhoff v. Klockenkemper

Case Date: 11/17/2000
Court: 5th District Appellate
Docket No: 5-99-0276 Rel

                        NOTICE
Decision filed 12/07/00.  The text of
this decision may be changed or
corrected prior to the filing of a
Petition for Rehearing or the
disposition of the same.

NO. 5-99-0276

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

RUTH ANN MASCHHOFF,

     Plaintiff-Appellee,

v.

EDWARD J. KLOCKENKEMPER,

     Defendant-Appellant.

 )
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)		 Appeal from the
Circuit Court of
Clinton County.

No. 97-CH-7

Honorable
Dennis E. Middendorff,
Judge, presiding.

JUSTICE MAAG delivered the opinion of the court:

This action was brought by Ruth Ann Maschhoff (plaintiff) against Edward J. Klockenkemper (defendant) pursuant to theIllinois Oil and Gas Release Act (765 ILCS 535/0.01 et seq. (1996)). Plaintiff is seeking the forfeiture of an oil and gaslease due to defendant's nonproduction. Subsequent to a bench trial on the stipulations and admissions of the parties, thecircuit court entered judgment for plaintiff against defendant. Defendant appeals.

The relevant facts are as follows. Plaintiff is the owner of the surface, oil, and gas of the following described real estate:"W