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we ~ '_ <br />:~ <br />DISTRICT COURT, COUNTY OF LAS ANIMAS, COLORADO <br />CASE NO. 92 CV 127 <br />FINDQiGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT <br />.M~ ..Ftl Fn ll.1 /`nMglA~cr~ -n• ~~-~~ <br />JAMES (Jim) TATUM and ANN TATUM Las Animas Courr;. ~ :~ <br />-vs- <br />Plaintiffs <br />DEr,1 1g97 <br />BASIN RESOURCES, INC. <br />Defendant <br />JOIiN t..~.,....... <br />Cterk of roar., <br />APPEARANCES: Iames Tatum and Ann Tatum Pro Se for Plaintiffs <br />Scott S. Barker aad Ann Castle, Esgs for Defendants <br />THIS MATTER 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 (100) exhibits into evidence. Although Plaintiffs appeared Pro <br />Se, James (Jim) Tatum is an Attorney at Law. <br />HAVIIIG HEARD testimony, reviewed the exhibits aad considered arguments of <br />Counsel, THE COURT ENTERS THE FOLLOWING FII~iDING5 OF FACT, CONCLUSIONS <br />OF LAW, AND JUDGMENT relating to all of the issues litigated. <br />FWDINGS OF FACT <br />Background: 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 constvcted <br />around 1910. Taturns 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 1981 to 1993. OJyoming Fuel Company changed its name in 1991 to Basin Resources, <br />Inc. Defendant, at all times relevant to these proceedings, operated the coal mining activity <br />near the'fatums' property, and portions of the mining operation were under portions of the <br />Tatum property. Basin Resources, Inc. is the successor in interest to Wyoming Fuel Company. <br />RECEIVED <br />DEC 0 31991 <br />