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HUSMAN, INC. v. TRITON COAL CO.

No. 90-199.

809 P.2d 796 (1991)

HUSMAN, INC., a Wyoming corporation, Appellant (Plaintiff), v. TRITON COAL COMPANY, a Delaware corporation, Appellee (Defendant).

Supreme Court of Wyoming.

Rehearing Denied May 23, 1991.

Attorney(s) appearing for the Case

Lawrence A. Yonkee and John A. Coppede of Redle, Yonkee & Toner, Sheridan, for appellant.

Patrick R. Day, Donald I. Schultz, and Mary J. Chinnock of Holland & Hart, Cheyenne, for appellee.

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

MACY, Justice.

Appellant Husman, Inc. contracted with Appellee Triton Coal Company to remove overburden and topsoil from Triton Coal's mine site. After Husman began working on the project, it discovered that the material was saturated with water. When the contract was terminated, Triton Coal refused to pay the amount which Husman claimed was attributable to the soggy conditions. Husman filed suit against Triton Coal claiming breach of contract, misrepresentation,...

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