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IN WITNESS WHEREOF, the undersigned has executed this Action of <br />Sole Shareholder on the dated indicated below. <br />Dated as of ,~u hr 3iJ , 1999 <br />CYPRUS AMAX COAL <br />COMPANY <br />By: <br />James R <br />President <br />\46526\015\CYCCSn. R FC <br />