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TRITON COAL CO. v. MOBIL COAL PRODUCING

No. 89-233.

800 P.2d 505 (1990)

TRITON COAL COMPANY, INC., Appellant (Plaintiff), v. MOBIL COAL PRODUCING, INC., Appellee (Defendant).

Supreme Court of Wyoming.

November 7, 1990.

Attorney(s) appearing for the Case

Patrick R. Day, Holland & Hart, Cheyenne; Joseph W. Halpern, Holland & Hart, Denver, Colo., and Thomas A. Nicholas, III, Hirst & Applegate, Cheyenne, for appellant.

Stephen J. Sorensen, Richmond, Va., Joseph W. Kennedy, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kan., and Thomas E. Lubnau, II, Lubnau & Lubnau, Gillette, for appellee.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

THOMAS, Justice.

The essential questions that must be resolved in this case relate to a claim of error for giving an instruction to which no formal objection was lodged at the appropriate time in the trial proceeding and to a claim of error for failure to give an instruction that was withdrawn. The issues are whether, in either instance, the appellant, Triton Coal Company, Inc. (Triton), developed a record that justifies this court in considering the claimed error...

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