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41. Ray Barker is an individual whose residence/domicile is Seattle, <br />King County, State of Washington. Brad Barker is an individual whose <br />residence/domicile is Seattle, King County, State of Washington. <br />42. The Barkers are among the owners of certain lands located in <br />Moffat County, Colorado more particularly described as all of Section 36, <br />Townsh~ 6 North, Range 92, West, 6~h P.M. [known under the Resurvey as Lot 3 <br />of Section 25 and Lot ] of Section 36, Township 6 North, Range 92 West, 6`h <br />P.M.; and Lots 10, 11, 20 and 21 of Section 31, Townsh~ 6 North, Range 91 <br />West, 6`" P.M.I <br />FIRST COUNTERCLAIM <br />(DAMAGES FOR TRESPASS) <br />43. The Barkers incorporate by reference the allegations made in <br />Paragraph 36-42 hereof. <br />44. On or about July ]4, 2003, Empire terminated along-standing <br />contract between Empire's predecessor in title and the Barkers' predecessor in <br />title that gave Empire, among other things, the right to enter onto the Barkers' <br />]ands in Moffat County, Colorado to perform reclamation work as required by <br />the Colorado Surface Coal Mining and Reclamation Act, C.R.S. § 34-33-101, et <br />seq. (hereinafter "Act"). <br />45. Since the date that Empire terminated the contract described in <br />Paragraph 44, above, Empire has had no rights, including without limitation <br />contractual rights, to enter onto the Barkers' lands for any purpose, including <br />without limitation, to perform reclamation work. <br />6 <br />