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DISTRICT COURT, PITKIN COUNTY, COLORADO <br /> Case No. 93 CV 201 <br /> CORRECTED MEMORANDUM BRIEF IN SUPPORT OF MOTION TO DISMISS <br /> DIVISION OF MINERALS AND GEOLOGY, DEPARTMENT OF NATURAL RESOURCES, <br /> STATE OF COLORADO, <br /> Plaintiff, <br /> V. <br /> JOHN A REEVES; ROBERT DELANEY; DIANE DELANEY; AND MID-CONTINENT <br /> MINERALS CORPORATION, <br /> Defendants. <br /> Pursuant to C.R.C.P. (12) (b) (1) , (5) and (6) , John A. Reeves, <br /> Robert Delaney, Diane Delaney, and Mid-Continent Minerals <br /> Corporation (collectively "defendants") , by and through their <br /> attorneys, Pendleton & Sabian, P.C. , respectfully submit this <br /> brief in support of their motion to dismiss filed herewith. <br /> I . BACKGROUND <br /> Mid-Continent Resources, Inc. ("Resources" ) , a wholly-owned <br /> subsidiary of defendant Mid-Continent Minerals ( "Minerals") , <br /> operated a coal mine in Pitkin and Gunnison counties. Coal mining <br /> operations at the mine were covered by a permit issued to <br /> Resources in 1983 by the Mined Land Reclamation Division (later <br /> renamed the Division of Minerals & Geology ( "the Division") ) . <br /> In early 1991, Resources stopped coal mining operations at <br /> the mine and announced its intention to sell the mine. On May 22, <br /> 1991, Resources and the Division entered into an agreement (the <br /> "Agreement") that provided Resources with an opportunity to sell <br /> the mine and specified a schedule for reclamation of the site (the <br />