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Under Colorado Rule of Civil Procedure 41, a plaintiff can dismiss an action without a court <br /> order, upon payment of costs, "by filing a stipulation of dismissal signed by all parties who have <br /> appeared in the action or by their attorneys." C.R.C.P. 41(a)(1)(B). Here, only two parties have <br /> appeared: Plaintiff Transit Mix Concrete Co. and Defendant Steven K. Mulliken, in his capacity <br /> as cotrustee of the Barbara Ingersoll Marital Trust established by the Amended and Restated <br /> Trust Agreement of the Harold C. Ingersoll Revocable Trust dated August 11, 2008. Under Rule <br /> 41(a)(1)(B), Transit Mix and Mulliken hereby stipulate to Transit Mix's dismissal of this action, <br /> with prejudice, each party to bear its own attorneys'fees and costs. <br /> Respectfully submitted, <br /> /s/Mark D. Gibson /s/ Steven K. Mulliken <br /> John W. Cook (#9670) Murray I. Weiner(#14352) <br /> Scot W. Anderson (#17395) Steven K. Mulliken (#16709) <br /> Elizabeth H.Titus (#38070) Hilary A. Roland (#51574) <br /> Mark D. Gibson (#45349) <br /> Attorneys for Defendant Steven K. Mulliken as <br /> Attorneys for Plaintiff f,j`�Transit Mix Concrete Co. cotrustee of the Barbara Ingersoll Marital Trust <br /> established by the Amended and Restated Trust <br /> Agreement of the Harold C. Ingersoll Revocable <br /> Trust dated August 11, 2008 <br /> - 1- <br /> 1902130041 1284 102-1012 4 <br />