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III IIIIIIIIIIIIIIII <br /> G' <br /> IN THE DISTRICT COURT IN AND FOR THE <br /> CITY AND COUNTY OF DENVER <br /> STATE OF COLORADO <br /> Civil Action No. 79-CV-1633 , Courtroom No. 8 <br /> THE EAGLE RIVER 1978 TRUST, ) "" "/1 �� ')►) <br /> CHESTER M. GOLDMAN, Trustee, ) J <br /> APR and OLIVE McCOLLUM GOLDMAN, ) 1 ? ]y79 <br /> Trustee, OFFICE 0 A Tj4E <br /> Plaintiffs, ) 7,0&W),GENERq[ <br /> VS. ) MOTION TO DISMISS <br /> OR IN THE ALTERNATIVE <br /> THE BOARD OF MINED LAND ) FOR SUMMARY JUDGMENT <br /> RECLAMATION of the STATE OF ) <br /> COLORADO, NOTTINGHAM SAND ) <br /> AND GRAVEL COMPANY, and ) <br /> Individually WILLIAM E. ) <br /> NOTTINGHAM, JR. , ) <br /> Defendants. ) <br /> Defendants, Nottingham Sand and Gravel Company and William <br /> E. Nottingham, Jr. , by their attorneys, Conover, McClearn, <br /> Heppenstall & Kearns, P.C. , pursuant to C.R.C.P. 12 and 56 , move <br /> the Court for an Order dismissing Plaintiffs' Complaint with <br /> prejudice or, in the alternative, for an Order awarding Defen- <br /> dants summary judgment against Plaintiffs' on their Complaint. <br /> As grounds for this Motion, Defendants Nottingham Sand <br /> and Gravel Company and William E. Nottingham, Jr . state the <br /> following: \ <br /> I. Plaintiffs' Complaint fails to state a claim against <br /> William E. Nottingham Jr. as an individual. <br /> A. Plaintiffs' Complaint, on its face, is concerned ex- <br /> clusively with the actions of the Colorado Mined Land Reclamation <br /> Board in awarding an extraction and development permit to <br /> Nottingham Sand and Gravel Company, a Colorado Corporation. <br /> B. William E. Nottingham, Jr. , in an individual capacity, <br /> was not a party to the administrative proceeding which is the <br /> subject of Plaintiffs' Complaint. <br /> C . On its face , Plaintiffs' Complaint contains no <br /> allegations regarding any action taken by William E. Nottingham <br /> Jr. in an individual capacity. <br />