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IN WITNESS WHEREOF, the undersigned has executed this Action of <br />Sole Shareholder on the dated indicated below. <br />Dated as of ~~UYIe 3~ , 1999 <br />CYPRUS AMAX COAL <br />COMPANY <br />By: <br />ne: James Roberts <br />e: President <br />Wti52fi~AI5~CECSH.RES <br />