Thunder Basin Coal Co. v. Tuco, Inc.

ORDER DENYING DEFENDANTS’ MOTIONS TO STAY, TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND TO DISMISS FOR FAILURE TO STATE A CLAIM

BRIMMER, District Judge.

The above-entitled matter having come before the Court on the Defendants’ Motions for a Stay and to Dismiss, and the plaintiffs oppositions thereto, and the Court, having considered the materials on file in support of and in opposition thereto, having heard oral *668argument, and being fully advised in the premises, hereby FINDS and ORDERS as follows:

Background

This declaratory judgment action was initiated by plaintiff Thunder Basin Coal…