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3. The Barkers own certain property consisting of approximately 640 acres <br />located in Moffat County, Colorado (the "Property"). From 1968 to <br />approximately 2003, Empire's predecessors-in-interest mined coal under <br />the Property pursuant to a 1968 coal mining lease from the Barkers and <br />their predecessors-in-interest (Exhibit A to the Complaint). <br />4. In its Complaint, Empire seeks a declaratory judgment recognizing that <br />Empire is required by the Colorado Surface Coal Mining Reclamation Act, <br />C.R.S. §34-33-101 et. seq. (the "Act") to enter the Property to perform <br />certain reclamation, and declaring that Empire has a right to do so. <br />5. Empire's Complaint also seeks a declaratory judgment establishing the <br />additional compensation due to the Barkers (beyond that already paid <br />under the 1968 coal mining lease), if any, for entry onto the Property to <br />perform the reclamation that Empire is obligated to do under the Act. <br />6. Finally, Empire's Complaint seeks appropriate mandatory, preliminary <br />and permanent injunctive relief against the Barkers requiring them to <br />recognize Empire's right to enter the Property to perform reclamation as <br />required by the Act. <br />7. Empire's Complaint seeks only declaratory and injunctive relief, and <br />therefore does not allege a specific amount in controversy. <br />8. The Barkers, in their Notice of Removal, assert diversity jurisdiction <br />under 28 U.S.C. § 1332 by claiming diversity of citizenship and an <br />amount in controversy exceeding $75,000. <br />-2- <br />