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f . <br />i <br />Adams County authorized the plaintiff's operation. Having <br />subsequently decided that this was a mistake, it now seeks to <br />overcome its alleged error by causing the State of Colorado to <br />revoke plaintiff's right to mine. Such right having been duly <br />and regularly granted, the county's attempt to secure its <br />revocation is entirely improper. <br />The argument in the brief of the commissioners that the <br />issues above discussed are moot by reason of the state having <br />filed an answer to the third-party complaint must obviously <br />fail because, inter alia, the answer asserts as affirmative <br />defenses the same bases on which the third-party complaint <br />must be dismissed which are above set forth; plaintiff's right <br />to have the third-party complaint dismissed cannot be pred,ju- <br />diced by the state's having filed an answer within the time <br />specified in Colo. R.C.P. 12(a). <br />FOR THE ATTORNEY GENERAL <br />~~.~~~ <br />C S E. WOODS, #0382 <br />Assistant Attorney General <br />Natural Resources Section <br />1525 Sherman St., 3d Floor <br />Denver, CO 80203 <br />Telephone: 839-3611 <br />