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..,, ,-~ ~-, Mined Land Acclamation Division August 26, 1987 Page 3 Exhibit C. plaintiffs filed a cvroplaint against La Plata Coal Corporation and Joe Carpio in the District Court of the County of La Plata, State of Colorado, a copy of which is herewith enclosed as A hearing_ was conducted on July 1, 1967, but insufficient court time was available-to complete said hearing and the parties were pressured to arrive at a nean~.atecLtemporarv order that would maint_a_in the status u4 until fort hearing could be she u e . As`a result thereof, on July 2, 1987, t e~~k-der attac ed ereto as Exhibit D was entered by the court. Throughout these negotia- tions it was implicitly represented that a pexmit had peen obtained and that there was no continuing violation. It appeared to plaintiffs at this point that perhaps operations could con- tinue without additional harm to the plaintiffs through compliance with the order until such time a5 the accounting issues of partnership dissolution could be adjudicated, as well as those additional matters pleaded by the complaint. However, Cerplo and La Plata Coal Corporation failed to comply with the order and, by July 14, 1987, plaintiffs evidenced thEir frustra- tion by the filing of a motion for Contempt a»d obtained a setting for hearing on said motion for July 23, 1987. later the same day, plaintiffs leaxned that an inspection had taken place by the MLRD of mine site operations, which inspection revealed a continuing violation. The failure to abate cessation order of July 14, 1987 was then issued. In reectlon to the July 14, 1987 cessation order, plaintiffs Aecame duly alarmed and began preparation of additional pleadings in application for a temporary restraining order against Carpio and La Plata Coal. Plaintiffs sent Bob Stovall, house counsel for Dugan Production Corporation, to the MLRD on July 15, 1987 to investigate the matter directly, and were again before the District Court of La Plate County on Jul 16th re nesting a reatrainin order arising out of the activ ties of La_P eta and Cerpio~eince-the'au3y-2;-i989 order of the count. - -' At the hearing on July 16, 1987, the court was informed by Carpio that.,he_r~ould,_obtain the 558,200.00 bond and the permit-by ten o'clock on_J~ly._.17,_.12@7, The.vQUr..t_vrdered thati~ af~-tTie permit was issued wi~~i~~ha_t time fr.ame,__ t~e.__temporary restraining o~ requested by plaintiffs would not issue. Failure to o~'ta~- t~ie permit; however; would-result in-issuance of~he reatra n ng ordez_._ Attached_heretn_ae-_EXhiult=.~.=1~-~-~ppK_nf~he-re_str_ainiag order iasued_at~ep_o'clock on July_17, 1987 by failure of Carpio to o tnin_._thg. Permit. - - . .....__. _. .._ . At the time of issuance of the July 17, 1987 restraining ordex, t~e_coust_fUFth@r 53i=ected that the mattes again_be__heaYd- at-the"