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THUNDER BASIN COAL v. SOUTHWESTERN PUBLIC SERVICE

No. 95-8050.

104 F.3d 1205 (1997)

THUNDER BASIN COAL COMPANY, Plaintiff-Appellee, v. SOUTHWESTERN PUBLIC SERVICE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 7, 1997.

Attorney(s) appearing for the Case

Charles R. Watson, Jr. (Stephanie Landry with him, on the brief) of Hinkle, Cox, Eaton, Coffield & Hensley, P.L.L.C., Amarillo, TX, for Defendant-Appellant.

David K. Isom of David K. Isom & Assoc., Salt Lake City, UT (J. Preston Stieff of David K. Isom & Assoc., Salt Lake City, UT, Scot W. Anderson, Atlantic Richfield Co., Denver, CO, and Thomas F. Nicholas, Hirst & Applegate, Cheyenne, WY, with him, on the brief), for Plaintiff-Appellee.

Before HENRY, LIVELY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Plaintiff-appellee, Thunder Basin Coal Company ("Thunder Basin"), brought suit alleging defendant-appellant, Southwestern Public Service Company ("Southwestern"), intentionally interfered with a contractual relationship between Thunder Basin and TUCO, Incorporated ("TUCO"), causing TUCO to partially repudiate its obligations. Thunder Basin further alleged that Southwestern was contractually obligated to guarantee TUCO's performance and had failed...

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