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T. ~ ` ~1 • ~ ~ , '~ RECEIVED DISTRICT COURT, COUNTY OF LAS ANIMAS, COLORADO N 0 V O 1 1999 CASE NO. 92 CV 127. . , Division of Minerals 8 Geobgy ___._w__~r_A._r .............M..w~~___~____w_YN..N_..____..........__..............w_.w_.... _.._ FINDINGS OF FACT, CONCLUSIONS OF LAW, AND .NDGMENT w.~_ .N.MIYM1__w_ . _w+_ ww.. JAMES (3'im) TATUM and ANN TATUM Las Animas County: G~;• Plaintiffs ~ DEC 1 1997 -vs- IOHN t..a.,; ,,,,. •. BASIN RESOURCES, INC. Clerk of Cour Defendant _._ NMwN__wMNw___.w~._Y.N.I..YN_YYY..YNM_w_w~..w..YN....Nww__Mw. _._. ..w __ w _r___ APPEARANCES: James Tatum and Ann Tatum Pro Se for Plaintiffs Scott S. Barker and Ann Castle, Esqs for Defendants THIS MATTER came on for Trial to the Court on the dates of Apri122,23,24,25,26 and 30,1997. The Court heard the sworn testimony of approximately twenty-eight (28) witnesses and received over one hundred (100) exhibits into evidence. Although Plaintiffs appeared Pro ,fie, James (Jira) Tatum is an Attorney at Law. HAWING HEARD testimony, reviewed the exhibits and considered arguments of Counsel, THE COURT ENTERS THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND 3UDGNIENT relating to al~ of the issues litigated. fit.. _~ J.- s .• ' : ~ Background: Plaintiffs own approximately 153 acres of land 20 miles West of Trinidad, CO, upon which they own and maintain atwo-story adobe residence which was constructed around 1910. Tatums purchased the property in 1987. Defendant owned and operated an underground coal mining operation approximately 25 miles West of Trinidad, CO under the name and style of Wyoming Fuel Company during the years 1981 to 1993. Wyoming Fuel Company changed its name in 1991 to Basin Resources, Inc. Defendant, at all times relevant to these proceedings, operated the coal mining activity near the Tatums' property, and portions of the mining operation were under portions of the Tatum property. Basin Resources, Inc. is the succpsaor in interest to Wyoming Fuc1 Company.