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, c 4 c,x.. -T-- t e -- c e (4¢ 2 <br />environmental or safety problems. See Exhibits 8 and 9 to <br />Defendants' Memorandum Brief in Support of Motion for Summary <br />Judgment. <br />Defendants' Motions to Dismiss and for Summary Judgment, <br />On March 11, 1994, the defendants moved to dismiss, and on <br />November 14, 1994, also moved for summary judgment. Because the <br />defendants' motion to dismiss presents matters outside of the <br />pleadings, the Court will treat that motion as a motion for <br />summary judgment as well and will dispose of it and the <br />defendants' motion for summary judgment together, as provided in <br />C.R.C.P. 56. See C.R.C.P. 12(b) . <br />In order to grant a motion for summary judgment, the Court <br />must find that there exists no genuine issue of material fact to <br />be tried. Abrahams•Mountain States Tel. & Te1. Co., 177 <br />Cola. 422, 494 P.2d 1287 (1972). The party moving for a summary <br />judgment has the burden of demonstrating clearly the absence of a <br />genuine issue of fact in order to prevail. SgA O'Herron v. State <br />Farm Mut. Auto. Ins. Co., 156 Colo. 164, 397 P.2d 227 (1964). <br />Once the moving party has met this initial burden, the burden <br />shifts to the nonmoving party to establish that there is a triable <br />issue of fact. • t' - tal ;.'r Lines Inc. -en -n, 731 P.2d <br />708 (Colo. 1987). <br />The defendants move for summary judgment on the following <br />grounds: <br />-7- <br />60'd 99E14 WUOT :0T SGET '1 I NdU 9EEOTPE EOE T :01 iv- In4eu:WO8d <br />