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KEMMERER COAL CO. v. BRIGHAM YOUNG UNIVERSITY

No. 81-1477.

723 F.2d 54 (1983)

The KEMMERER COAL COMPANY, a Wyoming corporation, Plaintiff-Appellee, v. BRIGHAM YOUNG UNIVERSITY, a Utah corporation, and Duane A. Frandsen and Velma B. Frandsen, his wife, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 30, 1983.

Attorney(s) appearing for the Case

Clark R. Nielsen, Salt Lake City, Utah (Arthur H. Nielsen, Salt Lake City, Utah, with him on brief), of Nielsen & Senior, Salt Lake City, Utah, for defendants-appellants.

Claron C. Spencer, Salt Lake City, Utah (Keith W. Meade, Salt Lake City, Utah, with him on brief), of Spencer & Brown, Salt Lake City, Utah, for plaintiff-appellee.

Before McWILLIAMS, DOYLE and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

The ultimate question in this quiet title diversity action is which of the parties will suffer the consequences of an assessor's mistake. Plaintiff Kemmerer Coal Company (Kemmerer) and defendants Brigham Young University and Duane and Velma Frandsen (collectively referred to as "BYU") contest under Utah law the ownership of coal deposits to which both plaintiff and defendants hold title. Kemmerer traces its title to a 1907 coal deed, while...

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