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4, These Defendants hereby agree to dismiss, with preju- <br />dice, all counterclaims asserted against Plaintiff in the cap- <br />tioned litigation including, without limitation, claims for <br />damages based upon alleged intentional interference with con- <br />tractual relations, breach of contract and frivolous action. <br />5. Plaintiff The Victor-American Fuel Company hereby <br />agrees to dismiss with prejudice all claims asserted against <br />these Defendants in the captioned litigation including, without <br />limitation, claims for compensatory and punitive damages based <br />upon alleged trespass, conversion or wrongful removal of Plain- <br />tiff's coal, and other alleged breaches and defaults under the <br />1977 and 1978 Leases; provided, however, that these Defendants <br />shall remain responsible for satisfying accrued obligations as <br />detailed in paragraph 1. <br />6. This Stipulation shall be binding upon the parties <br />hereto, their heirs, successors, representatives, and assigns. <br />MOTION <br />WHEREFORE, the patties hereby respectively move this Court <br />to enter its Order dismissing, with prejudice, the respective <br />claims and counterclaims asserted by Plaintiff and these Defen- <br />dants against each other and dismissing without prejudice any <br />remaining claims or crossclaims between and among the defen- <br />dants, each party to bear his, her or its own costs and attor- <br />Heys' fees. <br />Dated this day of July, 1984. <br />IRELAND, STAPLETON, <br />PRYOR 6 PA'!S~COE, P.C. <br />By ~~%~ ~en/~, GL~i~- <br />Marion A. Brewer <br />D. Monte Pascoe <br />1675 Broadway, Suite 2600 <br />Denver, Colorado 80202 <br />Telephone: (303)623-2700 <br />Respectfully submitted, <br />HOLLAND S HART <br />By ~.~ <br />Britton White, J . <br />Joy E. Hansen <br />Brian R. Hanson <br />555 17th Street, Suite 2900 <br />P. 0. Box 8749 <br />Denver, Colorado 80201 <br />Telephone: (303)295-8000 <br />ATTORNEYS FOR DEFENDANTS <br />VANCE MILLS AND TRINIDAD <br />BASIN MINING, INC. <br />ATTORNEYS FOR PLAINTIFF <br />-4- <br />