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ANR WESTERN COAL v. BASIN ELEC. POWER CO-OP.

Nos. 00-1625, 00-1628.

276 F.3d 957 (2002)

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

United States Court of Appeals, Eighth Circuit.

Filed: January 10, 2002.

Attorney(s) appearing for the Case

Harry Reasoner, Houston, TX, argued, for appellant.

Malcolm H. Brown, Bismark, ND, argued, for appellee.

Before WOLLMAN, Chief Judge, BOWMAN and HAMILTON, Circuit Judges.

BOWMAN, Circuit Judge.

Basin Electric Power Cooperative, Dakota Coal Co., and The Coteau Properties Co. sued ANR Western Coal Development Co. (WCDC) in a dispute arising out of the development of coal fields to supply a gasification plant (Gas Plant) near Beulah, North Dakota.2 Basin, Coteau, and Dakota Coal sued WCDC in North Dakota state court in 1992; WCDC removed to the District Court and filed counterclaims. The District Court granted...

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