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Consolidation Coal Company and Pittsburgh

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eBook details

  • Title: Consolidation Coal Company and Pittsburgh
  • Author : Supreme Court Of Utah
  • Release Date : January 02, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 90 KB

Description

ZIMMERMAN, Chief Justice : Consolidation Coal Company and Pittsburgh & Midway Coal Mining Company (collectively "Consol") appeal, and the Utah
Division of State Lands and Forestry, the Utah Board of State Lands and Forestry, the Utah Department of Natural Resources,
and various individual defendants employed by the State of Utah (collectively the "State") cross-appeal, a decision of the
Seventh Judicial District Court of Emery County. This case involves the proper interpretation of the royalty provision in
a coal lease entered into between the State and Consol and the amount of royalties and interest due under that provision.
As discussed below, this case has previously been before this court and was remanded in Plateau Mining Co. v. Utah Division
of State Lands & Forestry, 802 P.2d 720 (Utah 1990). On remand, the trial court held a two-day bench trial, after which
it rejected Consol's arguments regarding the proper interpretation of the royalty provision and found that Consol had underpaid
its royalties to the State by a substantial amount. The trial court further determined that Consol owed prejudgment interest
on the unpaid royalties at an interest rate of 6%.


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