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SPS CO. v. THUNDER BASIN COAL CO.

Nos. 98-139, 98-140.

978 P.2d 1138 (1999)

SOUTHWESTERN PUBLIC SERVICE COMPANY, Appellant (Defendant), v. THUNDER BASIN COAL COMPANY, Appellee (Plaintiff). Tuco, Inc., Appellant (Defendant), v. Thunder Basin Coal Company, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 27, 1999.

Attorney(s) appearing for the Case

Kate Fox, Davis & Cannon, Cheyenne, WY, and Stephanie Landry, Hinkle, Cox, Eaton, Coffield & Hensley, L.L.P., Albuquerque, NM, Representing Appellant Southwestern Public Service Company. Argument by Ms. Fox.

John J. Coates, Dill, Dill, Carr, Stonbraker & Hutchings, P.C., Denver, CO; John A. Coppede, Sundahl, Powers, Kapp & Martin, Cheyenne, WY; and Steven L. Hoard, Don D. Sunderland, Brad A. Chapman, Mullin, Hoard & Brown, L.L.P., Amarillo, TX, Representing Appellant TUCO, Inc. Argument by Mr. Coates.

David K. Isom, J. Preston Stieff, David K. Isom Law Offices, Salt Lake City, UT; Thomas F. Linn, Atlantic Richfield Company, Denver, CO; and William D. Omohundro, Omohundro Law Offices, Buffalo, WY, Representing Appellee Thunder Basin Coal Company. Argument by Mr. Isom.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and HILL, JJ.

HILL, Justice.

Appellants, TUCO, Inc. and Southwestern Public Service Company (SPS), challenge the district court's rulings in a declaratory judgment action brought by Appellee Thunder Basin Coal Company. Appellants claim the court erred in refusing to dismiss or stay the Wyoming action because it resolved factual issues at the center of a pending case filed in Texas. They also attack the district court's entry of summary judgment in favor of Thunder Basin. Although...

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