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amount totals $140,000.00. Plaintiffs further contend in their <br />Complaint that they are owed expenses in the amount of $48,509.79 <br />and a finder's fee in the amount of $20,000.00 based upon the <br />finder's fee agreement dated December 30, 1985. Finally, <br />Plaintiffs contend that they are also entitled to interest from the <br />breach of management fee agreement. <br />Defendants contend that the Court lacks jurisdiction over <br />Defendant Arabian Shield Development Company as provided under the <br />Colorado Long Arm Statute. Defendants have denied generally the <br />allegations in Plaintiffs' Complaint and have raised defenses of <br />estoppel and waiver, laches, offset and failure of consideration. <br />Defendants' Counterclaim alleges that Plaintiffs improperly billed, <br />overbilled and incurred expenses for reasons other than for work or <br />service agreed to be performed on behalf of American Shield Coal <br />Company. <br />FIA'DINGS OF FACT <br />On June 11, 1985, Bernard L. Bobo entered into an original <br />agreement with Arab.i,an Shield Development Company (hereinafter <br />referred to as Arabian) concerning the development of certain coal <br />properties located in Fruita, Colorado. Said agreement was <br />evidenced by a June 11, 1985, letter agreement executed on June 17, <br />1985 by B.L. Bobo and Jack Crichton, the authorized representative <br />of Arabian. The terms of the agreement included a five (5) year <br />independent employment contract, a certain equity interest in the <br />coal property, and a term that Mr. Bobo's involvement would be <br />waived in the event of his death or total disability. See Exhibits <br />1 and 23. Subsequently, in March 1986 the original agreement was <br />changed as to length of time from five (5) years to three (3) <br />years. See Exhibits 2, 2A, 3, 3A, 4 and 4A. Mr. Bobo's job was <br />to develop the coal mine, find joint ventures and provide <br />professional services. <br />On December 30, 1985, B.L. Bobo and Jack Crichton, acting on <br />behalf of Arabian, entered into a letter agreement providing <br />$25,000.00 as a finder's fee would be paid to Bernard L. Bobo <br />within two (2) weeks of the closing of the acquisition of the <br />Fruita coal property. Additional compensation was listed in the <br />agreement concerning coal which would ultimately be mined. <br />Defendant has confessed that only $5,000.00 has been paid and that <br />$20,000.00 is due and owing. Said confession was made in open <br />Court and Plaintiff accepted said confession of judgment fer the <br />remaining $20,000.00 pursuant to the December 30, 1985, agreement. <br />Defendant Arabian, purchased the Dorcester Coal Company from Damson <br />Oil Company on February 7, 1986. The December 30, 1985 agreement <br />called for payment two weeks after closing of the property. The <br />finder's fee was therefore due on February 21, 1986. The name of <br />the coal company was changed from Dorcester Coal Company to <br />American Shield Coal Company (hereinafter "American"). <br />2 <br />