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WEST TEXAS UTILITIES CO. v. EXXON COAL USA

Nos. 90-190, 90-191.

807 P.2d 932 (1991)

WEST TEXAS UTILITIES CO., Appellant (Defendant), v. EXXON COAL USA, INC., Appellee (Plaintiff). EXXON COAL USA, INC., Appellant (Plaintiff), v. WEST TEXAS UTILITIES CO., Appellee (Defendant).

Supreme Court of Wyoming.

March 14, 1991.

Attorney(s) appearing for the Case

Lawrence A. Yonkee of Redle, Yonkee & Toner, Sheridan, Craig Newman of Brown & Drew, Casper, Orrin Harrison III and James E. Fisher of Locke Purnell Rain Harrell, Dallas, Tex., and Roy B. Longacre of Wagstaff, Alvis, Stubbeman, Seamster & Longacre, Abilene, Tex., for West Texas Utilities Co.

Marilyn S. Kite of Holland & Hart, Cheyenne, and David J. Beck, John M. Simpson, Robert A. Burgoyne, and Richard J. Wilson of Fulbright & Jaworski, Houston, Tex., for Exxon Coal USA, Inc.

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

OPINION

MACY, Justice.

West Texas Utilities Co. appeals from the district court's ruling that Exxon Coal USA, Inc. may select either of the remedies enumerated in the parties' contract if West Texas repudiates that contract.

We affirm in part and reverse in part.

West Texas raises the following issues:

I. The District Court erred by misinterpreting the Coal Sale and Purchase Agreements (the "Contracts") to allow Exxon, upon a repudiation...

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