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DISTRICT COURT, PITKIN COUNTY, COLORADO <br /> Case No. 97 CV 13 1-1 <br /> THIRD-PARTY DEFENDANT COLORADO DIVISION OF MINERALS AND <br /> GEOLOGY'S MOTION TO DISMISS CERTAIN CLAIMS OF MID-CONTINENT <br /> RESOURCES, INC. AND THE CREDITORS' TRUSTEE <br /> Board of County Commissioners of Pitkin County, Colorado, and Thomas Carl Oken, Pitkin <br /> County Treasurer, <br /> Plaintiffs and Third-Party Defendant, <br /> V. <br /> Mid-Continent Resources, Inc., and <br /> Louis M. LaGiglia, Creditors' Trustee under Bankruptcy Plan of Liquidation, <br /> Defendants and Third Party Plaintiffs, and MidCon Realty, LLC, <br /> Third-Party Plaintiff, <br /> V. <br /> State of Colorado, Department of Natural Resources, Division of Minerals and Geology, <br /> Third-Party Defendant. <br /> Third-Party Defendant, the Division of Minerals and Geology ("the Division"), through <br /> the Office of the Attorney General,moves pursuant to C.R.C.P. 12(b)(1) and(b)(5)to dismiss <br /> claims 2, 3, 4 and 6 of the Amended Third-Parry Complaint, filed September 30, 1998. In <br /> support thereof,the Division states as follows: <br /> I. INTRODUCTION <br /> The Division, in tandem with the Mined Land Reclamation Board ("Board"), is charged <br /> with the administration, implementation and enforcement of the Colorado Surface Coal Mining <br /> Reclamation Act("Reclamation Act"). § 34-33-104, C.R.S. Pursuant to their statutory <br />