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Binns, Janet <br />From: Jerry Nettleton [JNettleton@peabodyenergy.com] <br />Sent: Monday, September 26, 2005 8:48 AM <br />To: janet.binns@state.co.us <br />Cc: david.berry@state.co.us; mkegley@peabodyenergy.com; bbassett@hollandhart.com <br />Subject: BTU Empire Corp, Barker Lawsuit -September Status Report <br />]anet - <br />Attached is a courtesy copy of our September status report. I am forwarding the hard copy via U.S. Mail <br />for your files. Please feel free to contact me with any questions - <br />Best regards, <br />Jerry <br />E-mail Disclaimer: <br />The information contained in this a-mail, and in any accompanying <br />documents, may constitute confidential and/or legally privileged <br />information. The information is intended only for use by the <br />designated recipient. If you are not the intended recipient (or <br />responsible for the delivery of the message to the intended recipient), <br />you are hereby notified that any dissemination, distribution, copying, <br />or other use of, or taking of any action in reliance on this a-mail <br />is strictly prohibited. If you have received this email communication <br />in error, please notify the sender immediately and delete the message <br />from your system. <br />9/27/2005 <br />