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<br />was incorrect. <br />Furthermore, GEC will be entitled to a refund in the event <br />the bond amount exceeds the cost of reclamation. 2 CCR 407-2 <br />(8-80), Rule 3.04.2(4); Exhibit D to Motion for Summary Judgment, <br />paragraphs 6 and 7. However, any right GEC has to such a refund <br />does not accrue until reclamation has been performed. <br />II. <br />THERE IS NO GENUINE ISSUE OF MATERIAL FACT <br />ON THE AMOUNT OF BOND THE BOARD HAS ALREADY <br />RECOVERED. <br />GEC has responded to the Motion for Summary Judgment by <br />stating that the Board's claim that it has not recovered $191,000 <br />of the bond is a "mere allegation and is unsupported by any fact <br />at the present time." Response, page 3. In making this comment <br />GEC has failed to set forth specific facts as required by <br />C.R.C.P. Rule 56(e). <br />It is clear that GEC has already admitted that the Board <br />has not collected the $191,000. Compare Amended Complaint, para- <br />graph 2, with Answez of July 10, 1989, paragraph 2. In addition, <br />the claim is supported by the affidavit of Michael Long attached <br />as Exhibit F to the Motion for Summary Judgment. <br />In the event that the Court finds that there is a question <br />of material fact concerning the amount of the bond already re- <br />covered, the Board respectfully requests that the Court enter an <br />-3- <br />