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03/05/2007 <br />JIM TATUM <br />PAGE <br />r amount of the costs to repair, rehabilitate, or remove and replace the adobe residence house <br />(^ on Solitario Ranch or, alternatively, in the amount of the additional dituinution in the value <br />of Solitario 1Zanch resulting from coal mine subsidence after December I, 1997, or the <br />matuf®stations of earlier coal mine subsidence that have occurred after that date. <br />SECOND CAUSE OF ACTIO <br />28. The TATUMS incorporate paragraphs 1 through 21 of this complaint by reference as if fully <br />copied and set forth in length. <br />29. BASIN failed to perform its common law duty to develop nand mavatain undorgraund coal <br />mine workings beneath Solitario Ranch in a mariner sufficient to provide subjacent support <br />far thn surface and thereby prevent subsidence-induced ground movement beneath or <br />adjacent to the adobe residence house of a sufficient zztagnitude to crack or separate the walls <br />of that structure- <br />WHEREFORE, PREMISES CONSIDERED, the TATUMS pray that citation be issued <br />and BASIN be cited to appear and answer herein and that a8er a trial on the merits of this cause that <br />a judgment be entered granting the TATUMS damages in the amount of EIGHT IIUNDItED <br />THOUSAND DOLLARS (SS00,000.00), plus reasonable attorney and expert witness frxs, post- <br />judgmentinterest onthe judgment from the date of its entry until it is fully satisfied, costs, and such <br />other Arid further relief as this Court may deem just, proper, and cquituble. <br />Respectfirlly submitted, <br />JIM TATi3M AND ASSOCIATES <br />JIM TATUM, 017204 <br />s7o3 BoNxoMME <br />xovsTON, TExA.s 77o7a <br />(713) 995-7Q45 <br />FAX NO. (713) 995-7191 <br />ATTORNEY FOR THE PLt1JNTIFFS <br />07 <br />-4- <br />