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~ ,`' s - _.- .. ~~ .._ =-- III IIIIIIIIIIIIIIII -=-- 999.. _ _. .. "-. IN TEIE UNITED STATES .DISTRICT COURT - FQR THE DISTRICT OF COLORADO Civil Action No. 83-F-2103 TAE•VICTOR-AMERICAN a Maine corporation, Plaintiff, vs. FUEL COMPANY, ALVIN E. WIGGINS, 1[VCNNE WIGGINS, LILLIAN DENISON, VANCE MILLS and TRINIDAD BASIN MINttNG, INC., a Colorado corporation, Defendants. r ~ ~`J`'~ (!' - RECEI1lED FHB 1B 1985 MINED lAMO aICLAMATION DIVIlIDN Cala. Debt. of N~tunl Ruource~ STIPULATION AND MOTICN FOR DISMISSAL WITH PREJUDICE Plaintiff, The Victor-American Fuel Company, and Defen- dants Vance Mills and Trinidad Basin Mining, Inc. ("TBM") (hereinafter referred to collectively as "these Defendants") cy and through their respective counsel of record, hereby enter into the following Stipulation and make the following joint Motion. WHEREAS, in its Verified Complaint, Plaintiff has sought an Order of this Court declaring that the two mining leases dated September 19., 1977 ("1977 Lease"), and August 17, 1918 ("1978 Lease"), between The Victor-American Fuel Company, as lessor, and Defendants Alvin E. Wiggins and Lillian Denison (formerly Lillian Wiggins), as lessees, have expired and/or terminated and thak defendants no longer have any right, title or interest therein or thereunder; and WHEREAS, these Defendants have also asserted that by vir- tue of an oral agreement ("1982 Oral Lease"), these Defendants have acquired certain coal leasehold estate rights from victor- American in lands in which Victor-American owns the coal rights, such lands being expressly described in Exhibit "A" attached hereto and made a pact hereof; and WHEREAS, in its Verified Complaint, Plaintiff has sought to recover against these Defendants actual and punitive damages as a result of alleged breaches and defaults occurring with respect to the 1977 Lease and the 1978 Lease, physical damage