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<br />.., <br /> <br />. <br /> <br />. <br /> <br />c.. <br /> <br />payable by the Defendant to the Plaintiff for the work <br />remain~ng to be completed under the agreement, to-wit, <br />approximately $42,000.00; <br />(c) If the Court determines that a bond is required, <br />that said requirement excuses performance by both parties <br />until such time as a sufficient bond in the amount determined <br />by the Court is furnished, the requirement of a bond not <br />being considered by either party at the time of the exe~ution <br />of the agreement; <br />(d) The Defendant is fully liable to the Plaintiff <br />for: work already completed by the Plaintiff but unpaid by <br />the Defendant. <br />The Plaintiff further: prays that the costs of this <br />action be assessed against the Defendant and for: such other <br />relief as the Court deems necessary. <br /> <br />MOTION FOR PRELIMINARY AND PERMANENT INJUNCTION <br /> <br />The Plaintiff, Carmen Alessi, Sr., d/b/a Sleeping Giant <br />Gravel Company, by and through his attorneys, Grassby. <br />Holloran & Burris, hereby moves the Court for a preliminary <br />and permanent injunction against the Defendant, Upper Yampa <br />Valley Water: Conservancy District, and in support thereof <br />states as follows: <br />1. Plaintiff incor:por:atei by reference the allegations <br />contained in par:agraphs 1 through 12 of his Petition for <br />Declar:atory Judgment. <br />2. Plaintiff believes and ther:efor:e alleges that the <br />Defendant will declar:e Plaintiff in default under the contract <br />for failure to perform. <br />3. Should Defendant declare Plaintiff in default, <br />terminate the agreement and seek other contractors to complete <br />the work, Plaintiff will suffer: immediate and- ir:repar:able <br />harm. <br /> <br />4. Defendant should be restrained and enjoined from <br />declaring the Plaintiff in default under said agreement for <br /> <br />-3- <br />