2011-09-19_ENFORCEMENT - M1977300

• Permit No: M1977300
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 9/19/2011
• Doc Name: Reply Brief of Plaintiff Cotter Corporation
• From: Cotter Corporation
• To: District Court
• Email Name: DB2
• Media Type: D
• Archive: No

CONCLUSION
For the reasons stated above and in Cotter's Opening Brief, the December 2010 Order
exceeds the Board's statutory authority, is contrary to law, denies Cotter its statutory and
constitutional rights, and constitutes an abuse of discretion. In addition, the Board acted without
jurisdiction by effectively amending the August 2010 Order after Cotter had filed its appeal. The
Court, therefore, should set aside the December 2010 Order as unlawful and restrain the agency
from enforcing it.
Dated this 19th day of September, 2011.
HOLME ROBERTS & OWEN LLP
s /Charlotte L. Neitzel
Charlotte L. Neitzel, Atty. Reg. 10994
Robert Tuchman, Atty. Reg. 13507
Stephen D. Rynerson, Atty. Reg. 34825
1700 Lincoln Street, Suite 4100
Denver, Colorado 80203 -4541
Attorneys for Cotter Corporation (N.S.L.)
* Document was filed electronically. See C.R.C.P. 121, §1 -26. Original document in file.
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