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~ ~~-. <br />~II ~I~'I <br />~~~~~ ~I~ <br />~~~ ~~I <br />~~ <br />DISTRICT COURT, BOULDER COUNTY, COLORADIUEU IN t n <br />20TH JUCICIaL DI.,rR;C? <br />Case No. 94 CV 1470, Division 3 1~^(. F,.~ ~ ~ ~ y p. y y <br />MOTION TO WITHDRAW AS COUNSEL OF RECORD <br />DURANGO METALS, INC., a Nevada corporation, and <br />THAMES E. HARTLEY, <br />Plaintiffs, <br />v. <br />CHARLES R. RUGG, <br />Defendant. <br />'~~ <br />~jg4,~n <br />Oit,. "r O ~~~i.C` <br />.son ~ 9 ~ <br />o, /9 <br />'°~~„ 6 <br />"'ass. <br />a,.. <br />The firm of Messner Pavek & Reeves, LLC (the "Firm") respectfully moves this Court <br />to authorize its withdrawal from the representation of the Plaintiffs, Durango Metals, Inc., a <br />Nevada corporation, and Thames E. Hartley (the "Plaintiffs") in this action. <br />In support of its motion, the Firm states as follows: <br />Failure to Pav <br />1. The Plaintiffs agreed to pay and are obligated to pay the Firm for the Firm's <br />representation of the Plaintiffs in this action (a copy of the "Engagement Letter" is attached as <br />Exhibit 1). <br />2. Although the Engagement Letter is unsigned by the Plaintiffs, the Engagement <br />Letter sets forth the agreement between the Fitm and [he Plaintiff and the services which [he <br />Firm has provided to the Plaintiffs. <br />3. At page 4 of the Engagement Letter the Firm informs the Plaintiffs that: <br />We (the Firm) normally do not terminate our <br />representation of a client unless they misrepresent <br />or fail to disclose material facts, fail to pay fees or <br />expenses, or make it unreasonably difficult or <br />unethical for us (the Firm) to continue to represent <br />them, or unless other just cause exists. (explanatory <br />information supplied) <br />