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CONCLUSION <br />Based upon the foregoing discussion of res judicator as applied by Colorado's <br />courts, Mid - Continent submits that this Court should affirm the district court's <br />decision barring the State of Colorado's second administrative civil penalty proceeding <br />against Mid - Continent for the same injury considered and finally determined in its <br />prior MLRD proceeding. As stated by the district court, "[a]pplying res judicata will <br />not therefore prevent the State of Colorado from enforcing the statutory policies of <br />preventing water pollution from coal mining operations. It will, however, eliminate <br />dual prosecutions and create the same cooperation in concluding their prosecutions <br />that these agencies displayed in obtaining samples to begin them." District Court <br />Decision 10. <br />DATED this 26th day of October, 1993. <br />Mid - Continent Answer Brief <br />Respectfully submitted, <br />Delaney & Balcomb, P.C. <br />Att• s at Law <br />By <br />LW <br />Edward Mulhall, Jr. <br />Registration No. 1374 <br />Special Counsel appointed by the United <br />States Bankruptcy Court, District of <br />Colorado, for the Debtor - Appellee, Mid - <br />Continent Resources, Inc. <br />P.O. Drawer 790 <br />818 Colorado Avenue <br />Glenwood Springs, CO 81602 <br />Telephone: 303/945 -6546 <br />Facsimile: 303/945 -8902 <br />- 45 - Appeal No. 93 CA 297 <br />