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<br />., <br />DISTRICT COURT, COUNTY OF LAS ANIIvIAS, COLORADO <br />CASE NO. 92 CV 127 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND .T[~DGMENT <br />------___---_-______-----__---- -------_--------------III F~ 1pl,rn~aiR~r -^,;_~:; <br />JAMES (Tim) TATUM and ANN TATUM Las Animas Courtr;. ~_:~ <br />-vs- <br />Plaintiffs <br />BASIN RESOURCES, INC. <br />Defendant <br />DEr, i 1997 <br />JOHN t..~._., . _., . <br />Clerk of CCL'r' <br />APPEARANCES: Lames Tatum and Ann Tatum Pro Se for Plaintiffs <br />Scott S. Barker and Ann Castle, Esgs for Defendants <br />THIS MATTER came on for Trial to the Court on the dates of Apri122,23,24,25,26 and <br />30, 1997. The Court heazd the sworn testimony of approximately twenty-eight (28) witnesses <br />and received over one hundred (100) exhibits into evidence. Although Plaintiffs appeazed Pro <br />Se, James (Jim) Tatum is an Attorney at Law. <br />HAVING HEARD testimony, reviewed the exhibits and considered azguments of <br />Counsel, THE COURT ENTERS THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS <br />OF LAW, AND JUDGMENT rglating to all of the issues litigated. <br />FINDINGS OF FACT <br />Backsround: Plaintiffs own approximately I53 acres of land 20 miles West of Trinidad, <br />CO, upon which they own and maintain atwo-story adobe residence which was const*ucted <br />around 1910. Tatums purchased the property in 1987. <br />Defendant owned and operated an underground coal mining operation approximately 25 <br />miles West of Trinidad, CO under the name and style of Wyoming Fuel Company during the <br />yeazs 1981 to 1993. Wyoming Fuel Company changed its name in 1991 to Basin Resources, <br />Inc. Defendant, at all times relevant to these proceedings, operated the coal mining activity <br />near the Tatums' property, and portions of the mining operation were under portions of the <br />Tatum property. Basin Resources, Inc. is the successor in interest to Wyoming Fuel Company. <br />RECEIVED <br />DEC ~ 3 1991 <br />