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IN THE UNITED STATES DISTRICT COURT <br />FOR THE DISTRICT OF COLORADO <br />Civil Action No. 04-MK-1992 (CBS} <br />BTU Empire Corporation, <br />Plaintiff, <br />vs. <br />Ray Baker and Brad Barker, <br />Defendants. <br />E:?. v! Y. <br />MOTION, AND MEMORANDUM IN SUPPORT OF MOTION, TO REMAND TO <br />STATE DISTRICT COURT <br />Plaintiff BTU Empire Corporation ("Empire"), by and through its attorneys, <br />moves to remand this matter to state district court. Empire states that the Defendant's <br />have failed to establish that the amount in controversy in this matter exceeds the <br />statutory minimum of $75,000.00. In support of this Motion, Empire states as follows:. <br />BACKGROUND <br />1. Empire originally filed its Complaint for Declaratory and Injunctive <br />Relief ("Complaint") on August 18, 2004, in the District Court for Moffat <br />County, State of Colorado. The Comp]aint was served on Defendants, <br />Ray Barker and Brad Barker ("Barkers"), on or about September 7, 2004. <br />2. On September 27, 2004, the Barkers filed a Notice of Removal, removing <br />~,., ._ <br />r ~- <br />~, °~ <br />...,_. <br />.. ~.~..~ .tl+i:H~ <br />~_~...C <br />this case from the state district court to this Court. <br />