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<br />~ ;.~1 <br />DISTRICT COURTS CITY AND LOUNTY OF DENVERs LOLORADO <br /> <br />Case No. 81 CV 0798 Court Room 1 <br />CROSS MOTION FOR SUMMARY JUDGMENT <br />TERRY L. SADLER and <br />DANAH G. SAOLER• <br />Plaintiffs <br />v. <br />GOLORA00 MINED LAND RECLAMATION BOARD and <br />OREN R. SPILLERSs <br />Defendants. <br />D~afendant State of Colorado Mined Land Reclamation <br />Board ('"the board")• pursuant to rule 56 of the Colorado <br />Rules of Civil Procedure hereby moves this court for the <br />entry of an order for summary judgment in favor of defendant <br />board. In support of such motion the moving defendant <br />respectiFUlly submits= <br />1. This is an action for judicial review of a final <br />decision of a state agency pursuant to the provisions of <br />C.R.S. i1973s 24-4-106. The review is upon the agency record. <br />which rEacord has been certified to this court. <br />2. Plaintiffs have filed no affidavits in support <br />of their motion for summary judgment. Defendant board is <br />submitting no affidavits in support of this cross motion <br />for summary judgment. <br />3. The exhibits attached to plaintiffs' motion are <br />part of the administrative record. The transcript of the <br />administrative proceedings also a part of such records is <br />incorporated herein and will be referred to in the accompany- <br />ing briF~f. <br />4. There being no genuine issue as to any material <br />