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PLATEAU MIN. v. UTAH DIV. OF STATE LANDS

No. 880120, 880215, 880243 and 880300.

802 P.2d 720 (1990)

PLATEAU MINING COMPANY, a Delaware Corporation, and Cyprus Western Coal Equipment Company, a Delaware Corporation, Plaintiffs and Appellees, v. The UTAH DIVISION OF STATE LANDS AND FORESTRY, Ralph Miles, Director of the Division of State Lands and Forestry, Utah Department of Natural Resources, Dee Hansen, Executive Director of the Utah Department of Natural Resources, Defendants and Appellants. BLACKHAWK COAL COMPANY, Plaintiff and Appellee, v. The UTAH DIVISION OF STATE LANDS AND FORESTRY, et al., Defendants and Appellants. CONSOLIDATION COAL COMPANY, The Pittsburg & Midway Coal Mining Company, Plaintiffs and Appellees, v. The UTAH DIVISION OF STATE LANDS AND FORESTRY, et al., Defendants and Appellants. TRAIL MOUNTAIN COAL COMPANY, Plaintiff and Appellee, v. The UTAH DIVISION OF STATE LANDS AND FORESTRY, et al., Defendants and Appellants.

Supreme Court of Utah.

November 20, 1990.

Attorney(s) appearing for the Case

R. Paul Van Dam, Gayle F. McKeachnie, Clark B. Allred, David S. Christensen, Salt Lake City, for Utah State Lands and Forestry.

James M. Elegante, Patricia J. Winmill, Lucy B. Jenkins, Kenneth R. Barrett, Salt Lake City, for Plateau Min. Co.

Hugh C. Garner, Salt Lake City, for Blackhawk Coal Co.

Keith E. Taylor, Patricia J. Winmill, Lucy B. Jenkins, Kenneth R. Barrett, Salt Lake City, for Consolidation Coal Co.

Calvin L. Rampton, Richard B. Johns, Salt Lake City, for Trail Mountain Coal Co.

STEWART, Justice:

The plaintiffs in this consolidated case, four mining companies, brought actions for declaratory judgments against the Utah Division of State Lands and Forestry (the "State") for an adjudication of their liability under the royalty provisions of certain coal leases. The State appeals summary judgments in favor of the four mining companies.

I. FACTS

The issues in each of these consolidated...

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