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5. For the foregoing reasons, the Plaintiff; Defendants Colorado Mined Land <br />Reclamation Board and Colorado Division of Mined Land Reclamation; and NCIG Financial, <br />Inc., the successor in interest to the Defendant New Castle Energy Corporation, believe it is in <br />the best interests of all parties in this action to have said action dismissed with prejudice, with <br />each party to pay its own attorneys' fees and costs incurred as a result of the filing of the within <br />action. <br />WHEREFORE, the Plaintiff; Defendants Colorado Mined Land Reclamation Board and <br />Colorado Division of Mined Land Reclamation; and NCIG Financial, Inc., the successor in <br />interest to the Defendant New Castle Energy Corporation, respectfully request this Court, <br />pursuant to C.R.C. P. 41(a)(1), to dismiss the within action with prejudice, with each party to <br />pay its own attorneys' fees and costs incurred as a result of the filing of the within action. <br />Dated this z 7 day of J~ ~t~ , 1991. <br />CAR':EIi S. SANDS, P.C. <br />By .~ <br />ward E'. S nds - #8459 <br />Attorney for Plaintiff <br />P.O. Box 192 <br />Rifle, CO 81650-0192 <br />Telephone: (303) 625-1075 <br />~~~~ ~ <br />Frank R. Johns - #16915 <br />Attorney for Defendants <br />Colorado Mined Land Reclamation Board <br />Colorado Division of Mined Land <br />Reclamation <br />~ ~ ~u i,~ ~~~ ~ <br />David R. Sturges = #'XS'o 2 <br />Attorney for NCIG Financial, In . <br />Successor in interest to Defendant <br />New Castle Energy Corporation <br />2 <br />