ENFORCE26849

• Permit No: C1987072
• IBM Index Class Name: Enforcement
• Doc Date: 9/15/1988
• Doc Name: LA PLATA COAL CORP
• From: CLAREMONT EXPLORATION INC
• To: MLRD
• Violation No.: CV0000000
• Media Type: D
• Archive: No

9. The partnership property consists of t.liat real property
described by Exhibits A, H, C, C, and F, attached hereto and ,that
personal property described by Exlril~it k' sttaclred hereto. T1re
partnership property also consists cf thosfe real and persona]
property interests acquired by deiendarrts subsequent to L'ecember
].6, 1986 through the application of funds traceable to the
coriributions of Dugan, Flay and Claremont, or otherwise trace-
able to the use of funds maintair~ecl in First National Hank of
Lurango Account Nos. 351806 and 351512 at any time from December
16, 1986 through June 9, 1907.
S. The specific object of the partnership was to,conduct
coal rnininy operations consistent with the represerrt<~t.ioris~ made
in the course of: application for a mini.r~y permit before the Dlined
Land Reclamatior, Division, Department of ]~at.ural Resources, State
of Colorado (NERD), which application was referred to as
C-87-072.
6. Ira Plata unilaterally withdrew from and dissolved the
partnership on June 4, 1987, prior to tiro issuance of a rnininy
permit pursuant to the aforedcscribed mining permit application
and in consequent violation of the partnership agreement.
Subsequent to the unilateral withdrawal of cleferdants from the
partnership, said defendants have conducted partnership business
to the exclusion of plaintiffs.
7.. Subsequent to the
partnership by defendants, La
mirriny hermit pursuant to the
La Plata Coal Corporation.
unilateral wit.hdrataal from flee
Plata obtainrcl issuance of the
rnininy application i.n the game of
IT IS, TNEREE'G1tE, ORDERED, ADJUDGED ANU llECREED:
1. Defendant, La Plata Coal Corporation, is in bret~ch of
the partnership agreement between La Plata, Ruyan, klag and
Claremont, by reason of its unilateral withdrawal therefrom on
June 4, 1987 and subsequent exclusion by La Plata of plaintiff.g,
entitling plaintiffs to the appointment. of a receiver and the
right to corrtirrue the business of fire partrccrship pursuant to
C.R.S. 57-60-138.
' 2. Plaintiffs are entitled to an accountiny as 1.o all
partnership affairs from Defendant La Plata pursuant to C.R.S.
57-60-121 and §7-60-122.
3. Upon determination of the identity of all pr,r:tne>_ship
preper.ty pursuant to are accountiny and the findings above refer-
enced, plaintiffs are entitled to conduct a ~•lirrding up of
partnership affairs pursuant to C.k.5. ~7-60-137.
4. Defendant La Plata is ordered to transfer the rnininy
permit and all applicable business insurance presently maintained
to the receiver appoint.r.d pursuant to order of. this Court upon
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