1979-06-11_ENFORCEMENT - M1978352

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Date: 6/11/1979
• Doc Name: AFFIDAVIT OF ROBERT J STEMWEDEL JR 79-CV-1633
• Media Type: D
• Archive: No

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IN THE DISTRICT COURT
IN AND FOR THE CITY AND COUNTY OF DENVER
STATE OF COLORADO
Civil Action No. 79-CV-1633
THE EAGLE RIVER 1978 TRUST
CHESTER M. GOLDMAN, Trustee, ) dll 1y79
and OLIVE McCOLLUM GOLDMAN, ) A rFjCE O
Trustee, F T
ye G;ti,tiE
Plaintiffs, )
AFFIDAVIT OF
VS. ) ROBERT J. STEMWEDEL, JR.
THE BOARD OF MINED LAND )
RECLAMATION of the STATE OF )
COLORADO, NOTTINGHAM SAND )
AND GRAVEL COMPANY and )
Individually, WILLIAM E. )
NOTTINGHAM, JR. , )
Defendants. )
STATE OF COLORADO )
ss
CITY AND COUNTY OF DENVER )
Affiant, being of lawful age and duly sworn, states as
follows:
1. My name is Robert J. Stemwedel, Jr. and my address is
P. O. Box 1140, Eagle, Colorado 81631.
2 . I am an attorney licensed to practice law in the State
of Colorado since May 2, 1973 and have been house counsel for The
Brush Creek & Eagle River Company since April 1, 1978 .
3. The former law firm of Comer and Stemwedel, consisting
of John D. Comer and myself, represented The Eagle River 1978 Trust
on one matter at the specific request of all of the trustees. This
matter was essentially concluded in September 1978.
4 . On January 22 , 1979 I received and signed a receipt for
a letter, dated January 19, 1979, from Petre, Zimmerman & Shelton, P.C.
containing notice of an application (the Application) by Nottingham
Sand and Gravel Company and addressed to Brush Creek and Eagle River
Company, P. O. Box 242, Eagle, Colorado 81631, a copy of which is
attached hereto as Exhibit 1.
5. On January 22, 1979 I was acting as house counsel for
,The Brush Creek & Eagle River Company and was not at that time
employed or retained as counsel for The Eagle River 1978 Trust.
6. On or about the first week of February 1979 I briefly
examined in the Clerk and Recorder' s Office in Eagle, Colorado a
copy of the application made by Nottingham Sand and Gravel Company to
the Colorado Mined Land Reclamation Board for an open mining permit,
and noted that Exhibit "M" was missing from the application, which