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% ' <br />~ III IIIIIIIIIIIII III , <br />District Court, Routt County, Colorado <br />' Case No. 81CV93 <br />REQUEST FOR HEARING ON CITATION OF CONTEMPT <br />John A. and Allie M. Eilts, <br />Plaintiffs <br />vs. <br />Sun Coal Company, <br />Defendants <br />RECEIVEp <br />OCT 0 3 1990 <br />Mined Land <br />~~ Division <br />Plaintiffs, John A. and Allie M. Eilts request that the hearing <br />proposed by Sun Coal set for 1300, 3 October 1990 be changed to <br />after 27 October 1990 or be dismissed. Pressing family matters of an <br />auto accident and an estate settlement in Indiana requires our <br />presence. The haul road with its drainage system was forced on us <br />last year and makes the road system our responsibility. Sun Coal has <br />no jurisdiction over that road from the oil tank on top to the gate <br />below (north) the shop area. <br />We at this time (because of Sun Coal's failure to respond) request <br />that Sun Coal be instructed to make diligent attempts to settle the <br />following transgressions of contempt and theft. <br />1. Sun Coal has used our equipment and attempted to use our <br />supplies without our permission to repair their building and repair <br />fences. <br />2. Sun Coal continues to ignore our requests to properly <br />maintain the cattle guard which caused human injury (may result in <br />$25-50,000.00 damage suit) and which is a hazard due to the <br />centered gate being too close to the railroad track, and guard is too <br />narrow and deep. We have addressed this problem In writing since it <br />was installed years ago. Page 5. <br />3. Sun Coal has diverted our water into the Yampa River for six <br />years. They made no attempt to reconstruct our irrigation ditch for <br />water to flow onto the meadow. Damage undetermined at this time. <br />Page 6, paragraph 6(c). <br />4. Sun Coal has ignored requests for cards (keys) so that we <br />can use the guard gate. <br />