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` 5 <br />iiiiiiiiiiiiiiuiii <br />DISTRICT COURT, FREMONT COUNTY, COLORADO <br />Case No. 87CV343 <br />~~~4~~~~ <br />O C T ~ 91989 <br />MINEp LAND <br />RECLAMATION DIVISION <br />BOARD'S REPLY BRIEF CONCERNING ITS MOTION FOR SUMMARY JUDGMENT <br />MIND LAND RECLAMATION BOARD OF THE DEPARTMENT OF NATURAL <br />RESOURCES, STATE OF COLORADO, <br />Plaintiff, <br />v. <br />G.E.C. MINERALS, INC., <br />Defendant. <br />----------------------------------------------------------------- <br />COMES NOW plaintiff Mined Land Reclamation Board (Board), <br />by and through the undersigned attorney, and respectfully submits <br />this reply brief in support of its Motion for Summary Judgment. <br />Pursuant to C.R.C.P. 56(e) the defendant G.E.C. Minerals, <br />Inc. ("GEC") may not rest upon the mere allegations or denials of <br />his pleadings to show that a genuine controversy exists as to a <br />material fact. Rather, GEC must set forth specific facts showing <br />that there is a genuine issue for trial. GEC's defense to the <br />Motion for Summary Judgment is based on a hodgepodge of general <br />denials of fact and erroneous assertions of principles of law. <br />Because GEC does not point to any specific facts, and because the <br />questions of law can and should be decided on the basis of the <br />