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FROM :PGO NPT. RES. SECTION TO 1 303 2410336 1995,04-24 16:08 #329 P.02J04 <br /> rf <br /> 2 1 <br /> DISTRICT COURT, COXTNTY OF P1TXtN, s ATE OF COLORADO OFFICE OFIr-r-E <br /> r.q�§� <br /> Case NO. 93CV201 <br /> ORDER GR.MMTN'G DEFENDANT'S MOTION FOR SUMMARY +7UDGMENT AND <br /> DTSMISSING THE CASE <br /> DIVISION OF MINERAi S AND GEOLOGY, DEPARTMENT OF NATURAL <br /> RESOURCES, STATE OF COLORADQ, <br /> Plaintiff, <br /> VS. <br /> JOHN A. REEVES, ROBERT DF-TANEY, i)IME DELANEY, and MID--CoNTINENT <br /> MINERALS CORPO)tA` TON, <br /> Defendants. <br /> THIS MATTER COMES BBFoRE THE COURT on the Defendant's <br /> Motions to Dismiss and for Summary Judgment. The court has <br /> considered the briefs submitted by the parties and their oral <br /> arguments which were conducted on March 27, 1995. Court grants <br /> Defendant's motions for the fallowing reasons: <br /> 1. Court does not f ipd that there is any order from <br /> the administrative proceedings which are still pending that <br /> Defendants have failed to comply with. <br /> 2. There is clear evidence from the Plaintiff's own <br /> witnesses that there is no danger to health, safety, and <br /> welfare of the-public. <br /> 3. Colorado Division of Ninerals has taken over the <br /> reclamation project and has access to all the reclarnatio-n <br /> funds which have been made available through the ban)=Ptcy <br /> court. <br /> 4. This court finds that the State is estopped from <br /> increasing its damages for the alleged cost of reclamation, <br /> as that amount has been fixed by the ba.nkruptcY of <br /> Resources, which is a wholly-owned subsidiary of Defendant <br /> Kid-Continent Minerals Corporation. <br />