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Illlllllllllllllllll <br /> IN THE DISTRICT COURT /� <br /> �//f(!{ /nY <br /> IN AND FOR THE CITY AND COUNTY OF DENVER �(� <br /> STATE OF COLORADO <br /> Civil Action No. 79-CV-1633, Courtroom No��OR CSC O 9 <br /> THE EAGLE RIVER 1978 TRUST, ) <br /> CHESTER M. GOLDMAN, Trustee, ) <br /> and OLIVE McCOLLUM GOLDMAN, ) <br /> Trustee, ) <br /> REPLY BRIEF OF DEFENDANTS <br /> Plaintiffs, ) WILLIAM E. NOTTINGHAM, JR. AND <br /> NOTTINGHAM SAND & GRAVEL COMPANY <br /> VS. ) AND MEMORANDUM BRIEF <br /> IN OPPOSITION TO PLAINTIFFS ' <br /> THE BOARD OF MINED LAND ) MOTION FOR SUMMARY JUDGMENT <br /> RECLAMATION of the STATE ) <br /> OF COLORADO, NOTTINGHAM ) <br /> SAND AND GRAVEL COMPANY, ) <br /> and Individually WILLIAM ) <br /> E. NOTTINGHAM, JR. , ) <br /> Defendants. ) <br /> Defendants, Nottingham Sand and Gravel Company and <br /> William E. Nottingham, Jr. , by their attorneys, Conover, McClearn, <br /> Heppenstall & Kearns, P.C. , submit the following Memorandum Brief <br /> in reply to Plaintiffs' Memorandum Brief in Opposition to Defendants' <br /> Motion to Dismiss or in the Alternative for Summary Judgment. This <br /> Memorandum Brief is also submitted in opposition to Plaintiffs' <br /> Motion for Summary Judgment. <br /> I. William E. Nottingham, Jr. is Not a Proper Party <br /> To This Litigation and Plaintiffs have Failed <br /> to State Any Claim for Relief Against Mr. <br /> Nottingham. <br /> Plaintiffs' efforts to support the improper joinder of <br /> Mr. William E. Nottingham as a party defendant in this action ig- <br /> nore the central and undisputed fact that Mr. Nottingham, in his <br /> individual capacity, was not the permit applicant in the challenged <br /> proceeding before the Colorado Mined Land Reclamation Board (here- <br /> inafter, "MLRB" or "Board") . Accordingly, Mr. Nottingham, indi- <br /> vidually, holds no permit from the MLRB and has no individual <br /> authority to conduct sand and gravel operations. It is also <br />