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CONCLUSION <br />For the reasons stated above, the Order is not supported by substantial evidence, is <br />contrary to law, is arbitrary and capricious, and violates Cotter's rights of due process and rights <br />under the Colorado APA. As a result, the Court should vacate the portions of the Order that <br />direct Cotter to perform Corrective Action No. 2, and the associated activities, restrain <br />enforcement of those provisions, and remand the matter to the Board for further proceedings <br />consistent with directions from this Court. <br />Dated this 9th day of February 2011. <br />HOLME ROBERTS & OWEN LLP <br />s/Charlotte L. Neitzel <br />Charlotte L. Neitzel, Atty. Reg. 10994 <br />Robert Tuchman, Atty. Reg. 13507 <br />Stephen D. Rynerson, Atty. Reg. 34825 <br />1700 Lincoln Street, Suite 4100 <br />Denver, Colorado 80203-4541 <br />Attorneys for Cotter Corporation (N.S.L.) <br />* Document was filed electronically. See C.R. C.P. 121, §1-26 Original document in file. <br />41