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TAE BARKERS' AFFIRMATIVE DEFENSES TO EMPIRE'S CLAIMS <br />For their affirmative defenses to the claims of Empite in the above- <br />captioned action, the Barkers allege as follows: <br />36. Empire does not have a contractual right of any type (pursuant to <br />the terminated lease or otherwise) to enter onto the Barkers' lands to perform <br />reclamation work. <br />37. Empire does not have a legal or equitable right of any type to enter <br />onto the Barkers' lands to perform reclamation work without the Barkers' <br />consent. <br />38. The fact that Empire has reclamation obligations with respect to the <br />Barkers' ]ands does not create a right of any type that would allow Empire to <br />enter onto the Barkers' land to perform reclamation work without the Barkers' <br />consent, <br />39. Empire does not have the power or authority to unilaterally <br />appropriate for its own use a valuable property right (i.e., the right to enter onto <br />the Barkers' lands). <br />THE BARKERS' COUNTERCLAIMS <br />For their Counterclaims in the above-captioned action, the Barkers allege <br />as follows: <br />GENERAL ALLEGATIONS <br />40. Empire is a Delaware corporation qualified to do business in the <br />State of Colorado, with its principal place of business in Oak Creek, Colorado. <br />5 <br />