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ANDALEX RESOURCES, INC. v. MYERS

No. 920876-CA.

871 P.2d 1041 (1994)

ANDALEX RESOURCES, INC., a Delaware corporation; and Amca Coal Leasing, Inc., a Delaware corporation; Malapai Resources Company, an Arizona corporation; Pacific Diversified Capital Company, a California corporation; New Albion Resources Company; and Mono Power Company, a California corporation, Plaintiffs and Appellees, v. Richard B. MYERS; Myers, Inc., a Kentucky corporation; and Myers & Company, a partnership consisting of Richard B. Myers, Betty Sue Myers, Cecelia Myers Baugh, Jane Myers Baggett, and Carolyn W. Hunt, Defendants and Appellants.

Court of Appeals of Utah.

March 18, 1994.

Attorney(s) appearing for the Case

Craig G. Adamson and Eric P. Lee, Salt Lake City, for defendants-appellants.

John A. Snow and Kathryn H. Snedaker, Salt Lake City, for plaintiffs-appellees.

Before DAVIS and JACKSON, JJ., and GARFF, Senior Judge.

OPINION

JACKSON, Judge:

Richard B. Myers appeals the trial court's grant of appellees' motions for summary judgment and the denial of Myers' motion to amend his counterclaim. We affirm.

FACTS

Malapai Resources, Inc., Pacific Diversified Capital Company, and Mono Power Company (Power Companies) were joint owners of coal leases granted by the United States and the state of Utah. The leases concerned approximately 47,000 acres of property...

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