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TRAIL MT. COAL v. DIV. OF STATE LANDS

No. 930226-CA.

884 P.2d 1265 (1994)

TRAIL MOUNTAIN COAL COMPANY, Plaintiff, Appellant, and Cross-Appellee, v. The UTAH DIVISION OF STATE LANDS AND FORESTRY; Ralph Miles, Director of the Division of State Lands and Forestry; The Utah Department of Natural Resources; and Dee Hansen, Executive Director of the Utah Department of Natural Resources, Defendants, Appellees, and Cross-Appellant.

Court of Appeals of Utah.

October 27, 1994.

Attorney(s) appearing for the Case

William B. Prince (argued), Ballard Spahr Andrews & Ingersoll, L.R. Curtis, Jr., Brian T. Hansen, Holme Roberts & Owen, and Calvin L. Rampton, Jones, Waldo, Holbrook & McDonough, Salt Lake City, for Trail Mtn.

Gayle F. McKeachnie (argued), Clark B. Allred, McKeachnie and Allred, Vernal, for Lands & Forestry.

Jan Graham, State Atty. Gen., Stephen G. Boyden, Asst. Atty. Gen., Salt Lake City, for appellees.

Before BENCH and BILLINGS, JJ., and ORME, Associate P.J.

ORME, Associate Presiding Judge:

Plaintiff Trail Mountain Coal Company appeals the trial court's decision requiring Trail Mountain to pay additional royalties arising from its coal mining lease with the State. We affirm the trial court's decision in part, reverse in part, and remand for a reevaluation of the amount due.

FACTS

Trail Mountain Coal Company operates an underground coal mine located west of Orangeville, Utah. Part of the mine is on Utah...

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