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TRAIL MOUNTAIN COAL v. ARCO COAL SALES

No. 860636.

749 P.2d 637 (1988)

TRAIL MOUNTAIN COAL COMPANY, a California corporation, Plaintiff and Respondent, v. ARCO COAL SALES COMPANY, a Delaware corporation, and Beaver Creek Coal Company, a Delaware corporation, Defendants, Third-Party Plaintiffs and Appellants, v. NEVADA POWER COMPANY, a corporation, Third-Party Defendant and Respondent.

Supreme Court of Utah.

January 7, 1988.

Attorney(s) appearing for the Case

John A. Snow, David L. Deisley, Salt Lake City, Thomas F. Linn, Denver, Colo., for Arco Coal Sales Co. and Beaver Creek Coal Co.

William B. Bohling, Randall N. Skanchy, Salt Lake City, for Trail Mountain Coal Co.

Elliott Lee Pratt, Edwin C. Barnes, Salt Lake City, for Nevada Power Co.

HOWE, Justice:

Defendants Arco Coal Sales Company and Beaver Creek Coal Company bring this interlocutory appeal from an order denying their motion to compel production by third-party defendant Nevada Power Company (NPC) of transcripts of depositions taken by plaintiff Trail Mountain Coal Company of NPC witnesses in a separate but related federal lawsuit. The trial court denied the motion on grounds that the depositions were attorney work product developed in anticipation...

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