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<br />A, Basin further denies Plaintiffs' assertion that 1Wostmoreland "defended" Basin in <br />the l.as Animas County District Cvutt trial, the Coloruda Court of Appeals and <br />the Colorado Supremo Court. {Id. ¶ 5.} Basin conducted its own defense in the <br />referenced proceedings. Westmoreland's involvement was limited to advancing <br />IIasin the funds for its defense via a proparly recorded infra-corporate loan. <br />Finally, Basin denies Plaintiffs' charactanratitm of Basin and W astrnurelarrd as a <br />joint entity that is responsibly for the judgment in this cast. (Id.) The judgment <br />in this u~ntter tics solcty against Basin. As discussed above, Westmoreland has <br />not acquired basin's liabilities and therefore is not generally "liable" for Basin, <br />Ilarther, Basin said Westmoreland are separate and distinot legal entities. <br />Accordingly, Westmoreland bears no liability far the judgment in this matter. <br />Plaintiffs have not challenged Basin and Westmoreland's corporate status in these <br />proceedings, and Cannot d0 SO indirectly by ry#'emng to them as a single antity in <br />their filings with this Court, <br />llatad: April 27, 2007. <br />/~/ Williarrt ~4. Biancp <br />William A. Aianco <br />Scot W. Anderson <br />Counsel jor Defendant. <br />CEIi'I'IFICATE OF SERVICE <br />This is to certify that on April Z7, 2007, the foregoing R;ESPOlVSE TQ PI.AINTIFF'5 <br />AFRtL, 2UU7 S'CATU6 1Z~;trORT was filed eleclronicalty with the CautY and Served span the <br />fbllowingby Lr;xishicxis: <br />Jim Tatum <br />Law Offi¢e oi' Jim Tatura <br />129 North Commercial St. <br />'T'rinidad, C~ 81082 <br />/s/ Lisa A9'. Greening <br />b0 39tyd 6V(lltll WIC 6SS09786LL 8Z;Ot L00Z/Z0150 <br />