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information as to the truth of the remaining allegations of paragraph 42 and <br />therefore denies those allegations. <br />First Counterclaim <br />43. Empire incorporates by reference the allegations made in <br />paragraphs 40-42 hereof. <br />44. Empire admits only (i) that a contract between the parties' <br />predecessors-in-interest originally gave Empire the right to enter the Property to <br />mine coal, the right to perform related activities, and the obligation to comply <br />with all relevant laws, (ii) that Empire and the Barkers were bound by said <br />contract, and (iii) that the contract was released in 2003. Empire denies all <br />remaining allegations of paragraph 44. <br />45. Denied. <br />46. Denied. <br />47. Empire admits that since July 14, 2003, its agents have on occasion <br />entered the Property to perform reclamation, but Empire denies all remaining <br />allegations in paragraph 47. <br />48. Empire admits that Barkers have claimed that Empire's entry onto <br />the Property constitutes trespass, but Empire denies all remaining allegations in <br />paragraph 48. <br />49. Empire is without information as to the truth of the allegations of <br />paragraph 49 and therefore denies those allegations. <br />50. Denied. <br />S1. Denied. <br />2 <br />