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~, <br /> <br />III IIIIIIIIIIIIIIII <br />999 <br />BEFORE THE <br />UNITED STATES DEPARTMENT OF THE INTERIOR <br />OFFICE OF HEARINGS AND APPEALS <br />HEARINGS DIVISION <br />KERR COAL COMPANY, <br />Applicant <br />v. <br />OFFICE OF SURFACE MINING ) <br />RECLAMATION AND ) <br />ENFORCEMENT, ) <br />Respondent ) <br />Docket No. DV 94-12-R <br />Application for Review <br />Notice of Violation No. 94-020-352-003 <br />Marr Strip Mine <br />Permit No. C-80-006 (Colorado) <br />STIPULATED MOTION TO DISMISS <br />Kerr Coal Company ("Kerr"), by its attorneys, Dufford & Brown, P.C., pursuant to <br />43 CFR § 4. I 1 1 I, hereby moves to dismiss this case. As grounds, Kerr states that all <br />prerequisites for dismissal which were agreed to in the Settlement Agreement referenced <br />in the Stipulated Motion for Stay filed on or about December 23, 1994, have been <br />completed. Counsel for Kerr is authorized to state that counsel for the Office of Surface <br />Mining Reclamation and Enforcement stipulates to dismissal of this case. <br />Dated: January I6, 1996 <br />Respectfully submitted, <br />DUFFORD & BROWN, P.C. <br />--. <br />By: /,lam ~ --! ~ ~ '` ~+~-~,. -L, <br />Richard L.Fanyo <br />1700 Broadway, Suite 1700 <br />Denver, CO 80290-1701 <br />Telephone: (303)861-8013 <br />Attorneys for Kerr Coal Company <br />ieinv.i, uiovn <br />