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EXHIBIT D (Cont'd) <br />Brick and Tile Company was also advised that they were <br />expected to pay for any damage that would result to these <br />lands by reason of their trespass. <br />April 14, 1966 - The Robinson Brick and Tile Company <br />was served with a Summons. Sedalia Land Company, a Colorado <br />Corporation, Plaintiff, vs The Robinson Brick and Tile <br />Company, a Colorado Corporation, Defendant, and signed by <br />Wayne D. Williams, Attorney for Plaintiff. CO6IPLAINT <br />(Declatory Judgement and Damages) was attached. The Summons <br />was filed in the District Court in and for the City and <br />County of Denver, State of Colorado. <br />The Robinson Brick and Tile Company filed a Rfotion for <br />Change of Venue which was granted and the court action <br />was transferred to District Court in Douglas County, <br />Colorado, where the affected property is located. <br />Trial was to the court, which dismissed the action at <br />the conclusion of plaintiff's evidence. Subsequently, <br />plaintiff appealed by filing an appeal in the Supreme <br />Court of the State of Colorado which was subsequently <br />transferred to the Court of Appeals under the authority <br />vested in the Supreme Court. <br />On September 29, 1970, the Colorado Court of Appeals, <br />in case No. 70-307 (Supreme Court No. 22970) affirmed the <br />order of dismissal of plaintiff's case by the District <br />Court and sustained the position of defendant, The Robinson <br />Brick and Tile Company. <br />- 9 - <br />