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JACOBS RANCH COAL CO. v. THUNDER BASIN COAL CO., LLC

No. S-07-0280.

191 P.3d 125 (2008)

2008 WY 101

JACOBS RANCH COAL COMPANY, a Delaware corporation, Appellant (Plaintiff), v. THUNDER BASIN COAL COMPANY, LLC, a Delaware Limited Liability Company, and Consolenergy, Inc., f/k/a Consolidation Coal Company, a Delaware corporation, Appellees (Defendants).

Supreme Court of Wyoming.

August 28, 2008.

Attorney(s) appearing for the Case

Representing Appellant: Thomas P. Johnson and Andrea Wang, Davis Graham & Stubbs, LLP, Denver, Colorado; Amy Jo Stefonick, Rio Tinto Energy America, Gillette, Wyoming. Argument by Mr. Johnson.

Representing Appellee, Thunder Basin Coal Company, LLC: Stephen D. Bell, Dorsey & Whitney, LLP, Denver, Colorado; Randall T. Cox, Randall T. Cox, PC, Gillette, Wyoming. Argument by Mr. Bell.

Representing Appellee, Consolenergy, Inc.: No appearance.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

BURKE, Justice.

[¶ 1] Jacobs Ranch Coal Company ("Jacobs Ranch") appeals the district court's summary judgment decision that Thunder Basin Coal Company ("Thunder Basin") is not liable for surface royalty payments in this case because the surface royalty at issue is not a covenant running with the land. The district court also denied Jacobs Ranch's claims that it was entitled to indemnity from Thunder Basin. We will affirm the district court's decision.

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