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. ~~. EXHIBIT A DIST1tIC'1' CGURT, COUNTY OF LA PLA'I'A, S'1'ATE OF COLU1t11L'0 Sys Civil Action No. 87CV~5~9 ORllE12 ESTABLISHING PAR'1'NEI2SIIIP ISSUES DUGAN PRODUC`1'IUN CUI2PORATION, a New t-lexic:o Corporation; FLAG-kEllF'ERN OIL COMPANY, a Delaware Corporatioc:; and CLAREMON`C EXPLORATION, INC., an Oklahoma Corporation, Plaintiffs, vs. LA PLATA COAL. COI2FURA'r'lON, a Colorado Corporation; JOE CARPIU, Individually; and CHRISTINE SYDENS'I'1JICKER, Individually, Defendants. THIS b1ATTER has come on to be heard cormnenciuy the 3rd day of February, 1988, upon application of the plai)itiffs, above named, for the appointment of receiver, among other things; the Court having examined the pleadings and heard the'evi.dence is now fully advised in the premises and has determined that it L•~.~s jurisdiction ever the subject matter of. this application; THE COUk'1' FI1JD5: 1. A partnership exists between La Plata Coal Corporation (La Plata), Dugan Production Corporation (Dugan), Flag-Redern Uil Company (Flag), ar~d Claremont Exploration, Inc. (Claremont) for the purpose of acquiring coal prol,r:rties in Ira Plata County, Colorado, and thereafter mining, extracting, selling and otlu:r- wise conducting coal mining uperation~ in l.a Plata County, Colorado, SPECIFICALLY KNOWN AS La Plata Dline No. 1, which partnership was to be knowrr as, "The Coal D1ine." 2. Profits and losses are Lo be allocated amo)~g the partners in the following percentages: La Plata 25B Dugan 25~ Flag 25~ Claremont 25+b 3. The partnership agreement among the partner;: provided that one hundred percent of the real property dr.ticribed by Exhibit B, attached hereto ar:d incorporated herein by this reference, was to constitute partnership property as part of the "in-kind" contrilrutior~ required of La Plata. - 1