2011-05-03_GENERAL DOCUMENTS - C1981008

• Permit No: C1981008
• IBM Index Class Name: General Documents
• Doc Date: 5/3/2011
• Doc Name: Plaintiffs Response to CO DRMS Motion to Dismiss itself as a Party Defendent 2010 CV 367
• From: Christopher G. McAnany Dufford, Waldeck, Milburn & Krohn, LLP
• To: District Court, Montrose County, Colorado
• Permit Index Doc Type: General Correspondence
• Email Name: DAB
• Media Type: D
• Archive: No

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EXILED Document
DISTRICT COURT, MONTROSE COUNTY, COLORADO
CO Montrose County District Court 7th
Filing Date: May 3 2011 5:31 PM MDT
Filing ID: 37386805
Court Address: 1200 N. Grand Avenue
Review Clerk: Sara R Towsley
Montrose, CO 81401
Telephone: [phone]
FRANK MORGAN, MARY LOU MORGAN,
JOELLEN TURNER, AND MICHAEL MORGAN,
Plaintiffs,
V.
A COURT USE ONLY A
WESTERN FUELS COLORADO, LLC, a Colorado
limited liability company, and STATE OF
COLORADO, by and through the DEPARTMENT OF
Case Number: 2010 CV 367
NATURAL RESOURCES, DIVISION OF
RECLAMATION, MINING & SAFETY,
Division:
Defendants.
Christopher G. McAnany
DUFFORD, WALDECK, MILBURN
& KROHN, L.L.P.
744 Horizon Court, Suite 300
Grand Junction, CO 81506
Telephone: [phone]
Fax: [phone]
E -mail: dwmk(a)dwmk.com
Attorney Reg. #: 21962
PLAINTIFFS' RESPONSE TO COLORADO DIVISION OF RECLAMATION,
MINING AND SAFETY'S MOTION TO DISMISS ITSELF AS A PARTY
DEFENDANT 2 0 i C C v 36
Plaintiffs, by and through undersigned counsel, as their Response to Defendant Colorado
Division of Reclamation, Mining, and Safety's Motion to Dismiss Itself as a Party Defendant,
state the following:
Defendant Colorado Division of Reclamation, Mining, and Safety ( "DRMS ") moves for
dismissal of itself as a party pursuant to C.R.C.P. Rule 12(b)(5) for failure to state a claim
upon which relief can be granted.
D