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IN THE DISTRICT COURT O,c <br /> CF 1y�y <br /> IN AND FOR THE CITY AND COUNTY OF DENVER R1�yD,CT <br /> STATE OF COLORADO ✓5R1 <br /> f <br /> Civil Action No. 79-Cv-1633, Courtroom No. 8 <br /> THE EAGLE RIVER 1978 TRUST, ) - <br /> CHESTER M. GOLDMAN, Trustee, ) �� <br /> and OLIVE McCOLLUM GOLDMAN, ) <br /> Trustee, ) <br /> Plaintiffs, ) <br /> VS. ) PLAINTIFFS ' REPLY BRIEF <br /> IN SUPPORT OF PLAINTIFFS ' <br /> THE BOARD OF MINED LAND ) MOTION 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 /> Plaintiffs, The Eagle River 1978 Trust, by its attorneys, <br /> LAMM & SCHADER, by William P. Goldstein, submit the following <br /> Reply Brief in Support of Plaintiffs ' Motion for Summary Judgment. <br /> I. PLAINTIFFS ' COMPLAINT STATES A CLAIM FOR <br /> RELIEF AGAINST WILLIAM E. NOTTINGHAM, JR. <br /> In order to afford complete relief to the Plaintiff, <br /> William E. Notthingham, Jr. should remain a party to this action. <br /> It is certainly premature at this stage of the proceedings to <br /> make a determination that all acts of Mr. Nottingham relating to the <br /> transaction in controversy were never undertaken by him in a <br /> personal or individual capacity, or were authorized by the corporation . <br /> Acts, omissions, or statements by Mr. Nottingham which were made <br /> in a personal context, or which were unauthorized by the corpora- <br /> tion may result in liability for Mr. Nottingham in his individual <br /> capacity. If Mr. Nottingham does not remain a party to this <br /> action, his personal liability cannot be determined, nor can <br /> relief related to such liability be accorded Plaintiff contrary <br /> to the Colorado Rules of Civil Procedure, Rules 19 and 20 (see <br /> pages 3-4 of Plaintiff' s Memorandum Brief) . <br />