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Leavell v. Illinois Dep't of Natural Resources

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ARGUED JANUARY 22, 2010

Before RIPPLE and ROVNER, Circuit Judges, and ST. EVE, District Judge.*fn1

Eva Lovene Leavell, individually and as the administratrix of the estate of her deceased husband, Daniel Leavell, instituted this action against the Illinois Department of Resources (“Department”) and several oil companies. Ms. Leavell asserted, among other issues, a procedural due process claim and sought injunctive relief to prevent the Department and its officers from plugging oil wells owned by various members of the Leavell family and from transferring control over wells to the defendant oil companies. The Department, its separately named officers and the company defendants moved to dismiss the various counts on a variety of grounds, including that some of the counts failed to state a claim upon which relief could be granted. On April 7, 2009, the district court granted the motions and dismissed all of the counts. Ms. Leavell’s subsequent motion for reconsideration also was denied. Ms. Leavell now appeals the dismissal of her due process claim set forth in Count VIII of the amended complaint. For the reasons set forth in the following opinion, we affirm the judgment of the district court.

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