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<br /> <br />TRICT COURT, COUNTY OF LAS ANIMAS, COLORADO <br />~E NO. 92 CV 127 . <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND.NDGMENT _, <br />JAMES (Jim) TATUM and ANN TATUM l.as Animas County. C ~.: <br />Plaintiffs DEC 1 1997 <br />-vs- <br />IONN t..,.,:.,,,, , <br />BASIN RESOURCES, INC. Clerk of CO~i~ <br />Defendant <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 April 22,23,24,25,26 and <br />30, l 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 />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 relating to al~ of the issues litigated. <br />FINDINGS OF FACT <br />Background: Plaintiffs own approximately ] 53 acres of land 20 miles West of Trinidad, <br />L'0, 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 25 <br />miles West of Trinidad, CO under the name and style of Wyoming Fuel Company during the <br />years 1981 to 1943. Wyoming Fuel Company changed its name in 1991 to Basin Resources, <br />Inc. Defendant, at all times relevant to these proceedings, operated the coal mining activity <br />near the Tatums' property, and portions of the mining operation were under portions of the <br />~um property. Basin Resources, lnc. is the successor in interest to Wyoming Fucl Company. <br />