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22 <br />1 it was taken out of our hands and taken to the <br />2 district court and they -- I thought it was very <br />l 3 clear that -- from the judge's rulings that in all <br />4 probability that the Tatums would -- would prevail, <br />5 and that's the reason that they took it out of our <br />6 hands. I mean our hands were tied until we asked <br />7 it to be remanded back to us, you know, to change. <br />8 MR. ANDERSON: The question I would like <br />9 to ask Mr. Berry is whether the facts that he set <br />10 forth in his coal inspection report constitute a <br />J 11 <br />J violation and provide sufficient basis for a notice <br />12 of violation. That's what I would like ask Mr. <br />13 Berry. Tell me whether I can ask that question or <br />14 not. If I can't ask that question, that will be on <br />15 the record, and I go to the next question. <br />I 16 <br />11 MR. MORRIS: May I respond, Mr. Paulin? <br />17 This is Walt Morris. <br />18 MR. PAULIN: Yes, Mr. Morris. <br />19 MR. MORRIS: I think I understand better <br />i <br />20 <br />now the direction that Mr. Anderson's questions are <br />J 21 going, and perhaps instead of inappropriately <br />~ 22 seeking to discover facts related to the damage <br />I <br />23 <br />suit what Mr. Anderson is about here is trying to, <br />~ 24 in essence, have a hearing on the merits of a <br />25 <br />J notice of violation that DMG has vacated. <br />