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2012-08-22_GENERAL DOCUMENTS - C1981008
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2012-08-22_GENERAL DOCUMENTS - C1981008
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Last modified
8/24/2016 5:05:40 PM
Creation date
10/4/2012 8:03:35 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
8/22/2012
Doc Name
Court Order Western Fuels Colorado
From
District Court Montrose County
To
Western Fuels Colorado, LLC
Permit Index Doc Type
General Correspondence
Email Name
DAB
SB1
MLT
Media Type
D
Archive
No
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and reserved ruling on such issue. However, the Court did reduce the bond <br />amount to $20,000.00 based upon the production records for the property <br />which showed a total of 156.8 tons harvested for the first and second cuttings <br />of hay in 2011 (Ex. R), at $250 /ton (average of amount urged by Plaintiff and <br />Defendant), divided by fifty percent (to take into account the likelihood that the <br />Defendants would have used a third party to harvest the hay). <br />The Clerk of the Court is authorized to release $15,000.00 of the <br />$35,000.00 bond posted on August 9, 2012 and to retain $20,000.00 for the <br />bond as set forth herein. <br />The Defendants, pursuant to C.R.C.P. 65, shall be enjoined from <br />interfering with the Plaintiff's management of the surface of the property in <br />conjunction with its reclamation plan filed with DRMS, including managing the <br />hay crop and harvesting the same and use of the property for winter grazing. <br />This preliminary injunction is binding not only upon the parties but also upon <br />their officers, agents, servants, employees, and attorneys, as well as upon those <br />persons in active concert or participation with a party who has received actual <br />notice of this preliminary injunction. This preliminary injunction shall remain <br />in effect until further order of the Court and violations shall be subject to the <br />contempt powers of this Court <br />SO ORDERED August 22, 2012. <br />5 <br />
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