Free Stipulation of Dismissal of Case - District Court of Colorado - Colorado

Case 1:01-cv-00318-REB-CBS

Document 127-2

Filed 09/18/2006

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Honorable Robert Blackburn United States District Judge Honorable Craig B. Shaffer United States Magistrate Judge

CIVIL ACTION NO. 01-CV-0318 RB-CBS CITY OF CREEDE, a Colorado Municipal Corporation, Plaintiff, -vsDENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION, a Colorado Not-For-Profit Corporation and DONALD H. SHANK, Defendants.

ORDER FOR DISMISSAL WITH PREJUDICE The Court has considered the parties Stipulation for Dismissal of this action with prejudice, which the parties have submitted in response to the Court's order for submission of a Joint Status Report. The Court finds the Stipulation is appropriate and that dismissal with prejudice is appropriate in light of disposition of this matter upon referral to the Surface Transportation Board of the United States. Accordingly, the Court order that this action be dismissed with prejudice pursuant to Stipulation, with each party to bear his and/or its own costs, including attorney fees.

Case 1:01-cv-00318-REB-CBS

Document 127-2

Filed 09/18/2006

Page 2 of 2

Done and signed in Court at Denver, Colorado this ____ day of September, 2006

BY THE COURT: ___________________________________________ _______________________________________ United States District Judge