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UNION PACIFIC R. CO. v. CABALLO COAL CO.

Nos. S-10-0112, S-10-0113.

246 P.3d 867 (2011)

2011 WY 24

UNION PACIFIC RAILROAD COMPANY, Appellant (Plaintiff), v. CABALLO COAL COMPANY, Appellee (Defendant). Caballo Coal Company, Appellant (Defendant), v. Union Pacific Railroad Company, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 14, 2011.

Attorney(s) appearing for the Case

Representing Union Pacific Railroad Co.: Howard P. Olsen, Jr. and Steven W. Olsen of Simmons Olsen Law Firm, P.C., Scottsbluff, Nebraska. Argument by Mr. Steven W. Olsen.

Representing Caballo Coal Co.: Richard A. Mincer and Billie LM Addleman of Hirst Applegate, LLP, Cheyenne, Wyoming. Argument by Mr. Addleman.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

KITE, Chief Justice.

[¶ 1] Union Pacific Railroad Company (UP) appeals from the district court's order granting summary judgment in favor of Caballo Coal Company (CCC) on UP's claim that it was entitled to be indemnified for payments it made to one of its employees who was injured on CCC property. In a cross appeal, CCC claims the district court erred by granting summary judgment in favor of UP on CCC's counterclaim for attorney fees.

[¶ 2] We conclude...

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