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and an earlier judgment for damages does not bar an action for damages <br />subsequently accruing. <br />50 Corpus Juris Secundum Judgment § 769(6) (citing case law from Arizona, Illinois, Missouri, <br />Oklahoma, and Arkansas) (emphasis supplied). Here, the record shows that the Tatums completely <br />repaired the damage that Solitario sustained prior to ] 997, and that the current damage occurred - <br />or "accrued" -entirely afrerwazds. Accordingly, the 1997 District Court decision does not bar the <br />Tatums from recovering additional damages from Basin, but it cleazly does baz Basin from <br />defending against the Tatum's claim on the ground that subsidence could never have damaged <br />Solitario in first place. <br />WHEREFORE, DMG and the Tatums request the Boazd to enter an order prohibiting Basin <br />from introducing either of the company's current expert witness reports or any other opinion <br />evidence that advances, implies, or stems from the conclusion that coal mine subsidence at the <br />Golden Eagle Mine did not damage Solitario prior to 1997. <br />Res ctfully submitte <br />Stephen M. Brown, Assistant Attorney General <br />Natural Resources and Environment Section <br />Office of the Attorney General <br />1525 Sherman Street --Fifth Floor <br />Denver, Colorado 80203 <br />(303)866-4434 <br />Counsel for the Division of Minerals & Geology <br />-6- <br />