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SIGNAL PEAK ENERGY v. EASTERN MONTANA MINERALS

Case No. CV-12-55-BLG-RFC.

922 F.Supp.2d 1142 (2013)

SIGNAL PEAK ENERGY, LLC, Plaintiff, v. EASTERN MONTANA MINERALS, INC., and Musselshell Resources, LLC, Defendants and Counterclaim Plaintiffs, v. Signal Peak Energy, LLC; FirstEnergy Corp.; FirstEnergy Ventures Corp.; FirstEnergy Generation Corp.; Group, Ltd.; Pinesdale LLC; Boich Companies, LLC; WMB Marketing Ventures, LLC; Global Coal Sales Group, LLC; and Global Mining Holding Company, LLC, Counterclaim Defendants.

United States District Court, D. Montana, Billings Division.

February 7, 2013.

Attorney(s) appearing for the Case

A. Clifford Edwards , A. Christopher Edwards , John William Edwards , Triel Culver , Edwards Frickle & Culver, Billings, MT, Bruce A. Americus , Matthew F. Burger , Buchanan Ingersoll & Rooney PC, Pittsburgh, PA, for Plaintiff.

Ross W. McLinden , Moulton Bellingham , Billings, MT, Christopher R. Belmonte , Dai Wai Chin Feman , Satterlee Stephens Burke & Burke LLP, New York, NY, for Defendants and Counterclaim Plaintiffs.

A. Clifford Edwards , Edwards Frickle & Culver, Billings, MT, Banks Brown , Michael J. Dillon , McDermott Will and Emery LLP, New York, NY, James H. Goetz , Goetz Gallik & Baldwin, Bozeman, MT, for Counterclaim Defendants.

ORDER RE: COUNTERCLAIM DEFENDANTS' MOTIONS TO DISMISS AMENDED COMPLAINT

RICHARD F. CEBULL, District Judge.

I. INTRODUCTION

This lawsuit arises out of a dispute over coal royalties paid by Plaintiff Signal Peak Energy, LLC ("SPE"), to Defendants Eastern Montana Minerals and Musselshell Resources (collectively, "EMM"), under a July 16, 2008 Coal Lease. SPE filed this action seeking a declaratory judgment that it is properly paying royalties...

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