Laserfiche WebLink
~ RECEIVEQ III I IIIIIIIIII <br />~~++ yypp 999 <br />DISTRICT COURT, COUNTY OF ARAPAHOS, STATE OF ~~""LddO~DO'90 <br />Civil Action No. 89CV1789 d4~F2si-em--Three <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT <br />MARTHA R. BOBO, individually, and as the Personal Representative <br />of the Estate of Bernard L. Bobo; ESTATE OF BERNARD L. BOBO, and <br />B.L. BOBO COMPANY, INC., a Colorado corporation. <br />v. <br />AMERICAN SHIELD COAL COMPANY, a Texas corporation, a subsidiary of <br />ARABIAN SHIELD COAL COMPANY, <br />Defendants. <br />THIS MATTER came~~on for trial to the Court on October 1 and 2, <br />1990. The Court has considered the testimony and credibility of <br />all witnesses, the Court file, all exhibits received into evidence <br />and closing arguments. The Court now being fully informed makes <br />the following findings of fact, conclusions of law and order for <br />judgment. <br />Prior to the commencement of trial on the merits, the parties <br />entered into the following stipulations: <br />1. Plaintiffs stipulated to the dismissal of their claim for <br />relief based upon a marketing fee of $.25 per ton of coal mined and <br />marketed from the Fruita Properties. This claim is contained in <br />paragraph 4 of the Plaintiffs' Complaint. <br />2. Plaintiffs dismissed their claim for a fifty percent (50%) <br />penalty based upon C.R.S. §8-4-104. This claim was contained in <br />paragraph 11 of Plaintiffs' Complaint. <br />3. Plaintiffs dismissed their claim for attorney fees based <br />on C.R.S. §8-4-114. This claim was contained in paragraph 13 of <br />Plaintiffs' Complaint. <br />4. Defendant confessed judgment in the amount of $20,000.00 <br />which represented the balance due on a "finders fee." This claim <br />was contained in paragraph 3 of Plaintiffs' Complaint. <br />Plaintiffs contend in their complaint for relief that <br />Defendant Arabian Shield Development Company owe Plaintiffs <br />$10,000.00 for fourteen (14) months which is the amount of time <br />remaining on the three (3) year management fee agreement. This <br />1 <br />