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TOLAR v. AMAX COAL CO.

No. 92-282.

862 P.2d 144 (1993)

Jackie Lavaughn TOLAR and Ada Ruth Tolar, Appellants (Plaintiffs), v. AMAX COAL COMPANY, A DIVISION OF AMAX, INC., a New York corporation, Appellee (Defendant).

Supreme Court of Wyoming.

November 1, 1993.

Attorney(s) appearing for the Case

Ronald E. Triggs, Cheyenne, for appellants.

Marilyn S. Kite of Holland & Hart, Jackson, Marcelle Shoop (argued), of Holland & Hart, Cheyenne, for appellee.

Before MACY, C.J., and THOMAS, CARDINE, GOLDEN and TAYLOR, JJ.

CARDINE, Justice.

Jackie and Ada Tolar appeal from the district court's award of summary judgment in favor of Amax Coal Company, wherein the district court found that the cause of any damage to the Tolars' businesses was the result of a downturn in the Gillette economy and not the result of the escape of methane and hydrogen sulphide gases from a mine developed by Amax.

We reverse.

The Tolars state these issues:

1. Did the trial court err...

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