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an agreement to trans-ship coal across our property as par[ of a mining contract that was <br />put in place in reliance on the protections of the mining permit requirements. <br />Ri¢ht of Entry <br />Finally, a remaining issue concerning Empire's right of entry onto our property is <br />pending resolution in the United States District Court for the District of Colorado, Civil <br />Action No. 04-MK-1992 (CBS). We think it prudent that the State of Colorado allow no <br />changes to the existing permit area until the issues in that case have been finally resolved. <br />Respectfully <br />Brad Barker <br />Ray Barker <br />