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SUTHERLAND v. MERIDIAN GRANITE CO.

Nos. S-11-0091, S-11-0092.

273 P.3d 1092 (2012)

2012 WY 53

John SUTHERLAND and Minerva Selbe Sutherland, Appellants (Plaintiffs), v. MERIDIAN GRANITE COMPANY, a Delaware Corporation, d/b/a Martin Marietta Materials, Appellee (Defendant). Meridian Granite Company, a Delaware Corporation, d/b/a Martin Marietta Materials, Appellant (Defendant), v. John Sutherland and Minerva Selbe Sutherland, Appellees (Plaintiffs).

Supreme Court of Wyoming.

April 10, 2012.

Attorney(s) appearing for the Case

Representing Sutherlands: Bruce S. Asay , Associated Legal Group, LLC, Cheyenne, Wyoming.

Representing Meridian Granite Company: Franklin D. O'Loughlin and Jaclyn K. Casey , Rothgerber, Johnson & Lyons, LLP, Denver, Colorado. Argument by Mr. O'Loughlin .

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

BURKE, Justice.

[¶ 1] John Sutherland and Minerva Selbe Sutherland entered into a mining lease granting Meridian1 the right to conduct mining operations on the Sutherlands' property. A dispute developed between the Sutherlands and Meridian regarding the Sutherlands' obligation to pay taxes relating to the mineral production. The dispute led to litigation. On cross-motions for summary judgment, the district court ruled that the Sutherlands...

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