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SEP-2? ~a ©7:50 r~OP':~'iNC04L 3TLLRI,7 '~T a0c2=22t53 T0:3?.8~-'37° ~PGE:Ba <br />JLr-C~-C UU'J WCV VI •C~ n'i :wnlynn TUWCK LC:7hL rfih IVU. 1 4Uf) yy( JC.fL Y. UL <br />iZ_~, <br />. ~• ~, r'~ <br />DISTRICT COURT, COUNTY OF C.AS ANIIvfA5, COLORADO <br />CASE NO. 92 CV 127 <br />FINDINGS OF FACT, CONCLU6IONS OF LAW, AND JUDGMENT <br />.~_ _._~_..,..r. ------------~......~ILiF~.lALLOltIBtAIFl:.:.-:-==-~ <br />TAMES (7im) TATUM and ANN TATUM Las Anlmaa Courr:. ;..: <br />-vs- <br />Plaintiffs <br />DEC 1 199• <br />BASIN RESOURCES, INC. <br />Defendant <br />IONN ~..~.,:.,.: <br />Clerk of roof- <br /> <br />! APPEARANCES: Jamaa Tatum and Ann Tatum o Se for Plaintiffs <br />~ Scott S. $arlser and Ana Castle, Esgs for Defendants <br />THIS MATTER came on far Trial to the Court on the dates of April 22,23,24,23,26 and <br />30, 1997. The Court heard the sworn testimony of approxitnately twrnty-eight (28) wihtesses <br />and ~ceived ovor one hundred (100) exhibits into evidence. Although PIairitiffs appeared P,~Q <br />,Fg, James (Jim) Tatuut is an Attorney at Law. <br />Hp-VIIJG HEARD testimony, reviewed the exhibits and considered arguments of <br />Cotuuel, TH>r COURT ENTERS THl? FOLLOWING FIIVDINGS OF FACT, CONCLUSIONS <br />OF LAW, AND JUDGMENT rgjating to all of the issues litigated. <br /> <br />.o1~d; Plainti'.$'s own appmxituately 153 acrCS of lead ZO tttiies West of Trinidad. <br />CO, upon which they own end maiatairt a two-story adobe rosidenco which was constructed <br />around 1910. Tatums purchased the property In 1987. <br />Defendant owned and operated an underground coal mining operation approximately Z5 <br />milos Wear of Trinidad, CO under the name and style of Wyomittg Fuel Company during the <br />years 1981 to 1993. Wyoming Fuel Company changed its name in 1991 to Basin Resources. <br />Inc. Defendant, ar all times relevant to these proceedings, operated the coal mining activity <br />near the Tatums' proporty, and portions of the mining operation were under portions of the <br />Tetuan property, Haain Resawoes, Inc. is the successor in inrerest to Wyoming Fuel Company. <br />RECEIVED <br />OEC ~ J 19Y7 <br />