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•,~~' .' 1 <br />DISTRICT COURT, COUNTY OF LAS fWIMAS, COLORADO <br />CASE NO. 92 CV 127 . , <br />r+. RECEIVED ~> <br />I ~u,, <br />NOV O1 1999 <br />Division of Minerals 8 Geology <br />...~.--.-..-..... -....r.....r...w....---------rrrr..ewer..rr.~r..r.r ..................-._..-.._... <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND .TUDGMENT <br />..----.....w__..r._.:w------------------------------_........-._~1LEJ1Jt~l.~_neea~nt~n ^C~ ,:,:•. <br />.:err, <br />JAMES (Jim) TATUM and ANN TATUM ~ Animas County: C:~• <br />-vs- <br />Plaintiffs <br />DEC 1 1997 <br />BASIN RESOURCES, INC. <br />Defendant <br />IONN t..a.,; ,,,., •. <br />Clerk of Cour <br />.-.-rw-w .r.www.--..--.-rrww-wr--rrwwww...-...~rrw-wwr-w.r.--or..rwar..-...~-------- <br />APPEARANCES: James Tatum and Ann Tatum Pro Se for Plaintiffs <br />Scott S. Barker and Ann Castle, Esqs for Defendants <br />THIS MATTER came on for Trial to the Court on the dates of Apri] 22,23,24,25,26 and <br />30, ] 997. The Court heard the sworn testimony of approximately twenty-eight (28) witnesses <br />and received over one hundred (100) exhibits into evidence. Although Plaintiffs appeared Pro <br />fie, James (Jim) Tatum is an Attorney at Law. <br />HAVING HEARD testimony, reviewed the exhibits and considered arguments of <br />Counsel, THE COURT ENTERS THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS <br />OF LAW, AND JUDGMENT roiatmg to a>~ of the issues litigated. <br />~I- - ~ . . <br />$ackground: Plaintill§ own approximately 153 acres of sand 20 miles West of Trinidad, <br />CO, upon which they own and maintain atwo-story adobe residence which was constructed <br />around 1910. Tatums purchased the property in 1987. <br />Defendant owned and operated an underground coal mining operation approximately 2S <br />miles West of Trinidad, CO under the name and style of Wyoming Fuel Company during the <br />years 1981 to 1993. Wyoming Fuel Company changed its name in 1991 to Basin Resources, <br />Inc. Defendant, at all times relevant to these proceedings, oporated the coal mining activity <br />near the Tatums' property, and portions of the mining operation were under portions of the <br />Tatum property. Basin Resources, Inc. is the succgesor in interest to Wyoming Fuel Company. <br />