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• ..r ,'~ • ~ RECEIVED <br />DISTi.ICT COURT, COUNTY OF LAS AMMAS, COLORADO NOV O 1 1999 <br />CASE NO. 92 CV 127 • , Division of Minerals & Geology <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND NDGMENT <br />JAIv1FS (Tim} TATUM and ANN TATEJM ~ Animas County; G~~ <br />Plaintiffs DEC 1 1997 <br />-vs- <br />JOHN t..a.,; ,,,., •, <br />BASIN RESOURCES, INC. Clerk of Cour <br />Defendant <br />APPEARANCES: James Tatum and Ann Tatum Pro Se for Plaintiffs <br />Scott S. Barker and Ann Castle, Esqs for Defendants <br />THIS MAT'T'ER came on for Trial to the Court on the dates of Apri122,23,24,25,26 and <br />30,1997. The Court heard the sworn testimony of approximately twenty-eight (28) witnesses <br />and received over one hundred (140) exhibits into evidence. Although Plaintiffs appeared pro <br />fie, James (Jim) Tatum is an Attorney at Law, <br />HAVING HEARD testimony, reviewed. the exhibits and considered arguments of <br />Counsel, THE COURT BNTI.RS THE FOLLOWING FINI)TNGS OF FACT, CONCLUSIONS <br />OF LAW, AND JUDGMENT relating to aid of the issues litigated. <br />~'INDltNGB OF FACT <br />Back rg~ound: Plaintiffs own approximately 153 acres of land 20 miles West of Trinidad, <br />CO, upon which they own and maintain atwo-story adobe residence which was constructed <br />around 1910. Tatums purchased the property in 1987. <br />Defendant owned and operated an underground coal mining operation approximately 25 <br />miles West of Trinidad, CO under the name and style of Wyoming Fuel Company during the <br />years 198] to 1993. Wyoming Fuel Company changed its name in 1991 to Basin Resources, <br />Inc. Defendant, at all times relevant to these proceedings, operated the coal mining act'svity <br />near the Tatums' property, and gortions of the mining operation were under portions of the <br />Tatum property. Basin Resources, lnc. is the succQssor in interest to Wyomuig Fuel Company. <br />