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determines that they are entitled to reasonable attorneys' fees and costs incurred in this <br />action. <br />WHEREFORE, IT IS ORDERED that judgment enter for plaintiffs Frank Morgan <br />and Mary Lou Morgan and against defendant Western Fuels Colorado, LLC, in the <br />amount of $200,000. <br />IT IS FURTHER ORDERED that judgment enter for plaintiffs and against <br />defendant on defendant's counterclaims. <br />IT IS FURTHER ORDERED that a declaratory judgment enter that plaintiffs <br />JoEllen Turner and Michael Morgan do not have the right to be on the Morgan property <br />being actively mined by defendant without the express permission of defendant. <br />IT IS FURTHER ORDERED that plaintiffs Frank Morgan and Mary Lou Morgan <br />are awarded reasonable attorneys' fees and costs incurred in this action. The amount of <br />the fees and costs shall be determined pursuant to the provisions of C.R.C.P Rule 121 -22. <br />Dated: December 7, 2012. <br />BY THE COURT: <br />/s/ Thomas W. Ossola <br />Senior Judge <br />