Basin Electric Power Cooperative the Coteau Properties Company Dakota Coal Company v. Anr Western Coal Development Company

BOWMAN, Circuit Judge.

ANR Western Coal Development Compa-fly (WCDC) appeals from the District Court's declaratory judgment in favor of plaintiffs Basin Electric Power Cooperative (Basin), The Coteau Properties Company (Coteau), and Dakota Coal Company (Dakota) in this action involving accounting procedures for coal royalties. We reverse and remand.

I

Numerous agreements among the parties and non-parties govern the movement of the coal and the royalty payments involved in this case. A careful examination of the record reveals the following essential facts.

In a 1979 contract between WCDC and the…