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EXHIBIT 1 <br />IN THE UNITED STATES DISTRICT COURT <br />FOR THE DISTRICT OF COLORADO <br />Civil Action No.: 93-C-3 <br />FRANK J. VILLA, JR., <br />Plaintiff, <br />v. <br />THE COLORADO AND WYOMING <br />RAILWAY COMPANY, <br />a corporation, <br />Defendant. <br />RELEASE AND WAIVER OF RIGHTS <br />IN CONSIDERATION of the payment to me by The Colorado & <br />Wyoming Railway Company (now named Reorganized Colorado & <br />Wyoming Railway Company) (hereinafter referred to as the "C&w") <br />of the sum of $62,500.00, the receipt and sufficiency of which <br />is hereby acknowledged, I, Frank J. Villa, Jr., do hereby on my <br />own behalf and on behalf of my heirs, including, but not <br />limited to, my wife and children, my executors, administrators, <br />estate, successors and assigns, release and forever discharge <br />the C&w, the new The Colorado & Wyoming Railway Company, which <br />purchased the operating assets of the CfiW and now operates the <br />railroad formerly owned and operated by the C&W (hereinafter <br />referred to as the "Colorado ~ Wyoming Railway"), any companies <br />or entities affiliated with either of them, and the Chapter 11 <br />