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BASIN ELEC. POWER v. ANR WESTERN COAL DEV. CO.

No. 96-2286.

105 F.3d 417 (1997)

BASIN ELECTRIC POWER COOPERATIVE; The Coteau Properties Company; Dakota Coal Company, Appellees, v. ANR WESTERN COAL DEVELOPMENT COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 28, 1997.

Attorney(s) appearing for the Case

Lawrence E. Stevens, argued, Salt Lake City, UT (Douglas R. Davis, Daniel J. Crothers, on the brief), for appellant.

Malcolm H. Brown, argued, Bismarck, ND, for appellees.

Before BOWMAN and LAY, Circuit Judges, and SMITH, District Judge.

BOWMAN, Circuit Judge.

ANR Western Coal Development Company (WCDC) appeals from the District Court's declaratory judgment in favor of plaintiffs Basin Electric Power Cooperative (Basin), The Coteau Properties Company (Coteau), and Dakota Coal Company (Dakota) in this action involving accounting procedures for coal royalties. We reverse and remand.

I.

Numerous agreements among the parties and non-parties govern the movement of the coal and the royalty...

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