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999 <br /> IN THE DISTRICT COURT <br /> IN AND FOR THE <br /> CITY AND COUNTY OF DENVER <br /> STATE OF COLORADO <br /> Civil Action No. 79-CV-1633 <br /> Courtroom No. 8o <br /> ✓UN G (% �J <br /> 19? <br /> CHESTERTHE LM. RIVER GOLDMAN,B TRUST,Trustee, ) � ���OF and <br /> 9 <br /> and OLIVE MCCOLLUM GOLDMAN, ; G41 SIP <br /> Trustee, <br /> Plaintiffs, ) <br /> VS. ) MEMORANDUM BRIEF IN SUPPORT <br /> OF PLAINTIFF' S MOTION FOR <br /> THE BOARD OF MINED LAND ) SUMMARY JUDGMENT AND IN OPPO- <br /> RECLAMATION of the STATE OF ) SITION TO DEFENDANTS ' MOTION <br /> COLORADO, NOTTINGHAM SAND ) TO DISMISS OR IN THE ALTERNA- <br /> AND GRAVEL COMPANY, and ) TIVE FOR SUMMARY JUDGMENT <br /> individually WILLIAM E. ) <br /> NOTTINGH", Jr. ) <br /> ) <br /> Defendants . ) <br /> PLAINTIFFS , The Eagle River 1978 Trust, by its attorneys, <br /> LAMM 6 SCHADER, by WILLIAM P . GOLDSTEIN, submit the following <br /> Memorandum'Brief, together with accompanying Affidavits in Support <br /> of their Motion for Summary Judgment and in Opposition to Defendants ' <br /> Motion to Dismiss or in the Alternative for Summary Judgment. <br /> I. <br /> STATEMENT OF FACTS <br /> Plaintiff adopts, except as supplemented and corrected <br /> below, the Statement of Material undisputed fact in Defendant , <br /> Nottingham Sand and Gravel Company ' s Memorandum Brief. <br /> The contention that Mr . Robert Stemwedel %..as an attorney <br /> representing the Plaintiff Eagle River 1978 Trust is a matter of <br /> dispute as is demonstrated by the Affidavits of Messrs. Goldman <br /> and Stemwedel. Mr. Stemwedel was never retained by <br /> the trust, nor was he paid any fees, for services rendered to the <br /> trust in this matter. Mr. Stemwedel did not receive the authoriza- <br /> tion from all the trustees, as required by the trust instrument, <br />