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~~ - III IIIIIIIIIIIIIIII ~~cE~v~o <br />APR 2 51984 <br />BEFORE THE COLORADO MINED LAND RECLAMAT~`t~~~~~2TTD~MATiON DIVISION <br />Colo. ep . of Natural Resources <br />ENTRY OF APPEARANCE AP7D STATEPSEP7T OF POSITION <br />IN RE THE DIATTER OF THE PETITION OF: <br />VICTOR-AMERICAN FUEL COMPANY <br />The undersigned attorney hereby enters his appearance on <br />behalf of the following parties: Lillian S. Denison, Route 5, <br />Box 226, Carthage, Texas 75633, and Alvin E. T9iggins, P. O. Box <br />1666, Nederland, Texas 77627, <br />The above named parties are the owners of the surface of the <br />land which is the subject of. the Petition and also hold one or more <br />coal leases covering a portion of the land which is the subject of <br />the Petition. These parties respectfully urge the Board to reject <br />the Petition in that the Petitioner itself, Victor-American Fuel <br />Company, has selected its forum by filing an action in the United <br />States District Court, District of Colorado, naming the surface <br />owners and Trinidad Basin Mining, Inc. among the parties defendant. <br />These parties particularly object to any hearing which might <br />consider the merits of the Petition without reasonable notice to <br />said parties and said parties state that while they have been aware <br />of the Petition since on or about Piarch 15, 1984, the precise time <br />at which such Petition would be considered by the Board was not <br />known to them until Friday, April 20, 1984, at which time their <br />attorney was committed to appear in the State Courts in Colorado <br />Springs, Colorado, at 9:30 a.m „ April 26, 1984, making it impossible <br />for him to appear before the Board at the time now set to consider <br />the Petition. <br />Very respectfully, <br />J <br />~C1/• <br />Gerald D. Sjaasta (5080) <br />Attorney for Lillian S. Denison <br />April 24, 1984 and Alvin E. [4iggins <br />117 So. Nevada Avenue, Suite 102 <br />Colorado Springs, Colorado 80903 <br />(303) 636-1653 <br />