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

Case 1:02-cv-01841-MSK-MJW

Document 112-5

Filed 12/12/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 02-cv-01841-MSK-MJW UNITED STATES OF AMERICA, Plaintiff, v. 117.54 ACRES OF LAND, MORE OR LESS, SITUATED IN LA PLATA, COUNTY, COLORADO; and STATE OF COLORADO; et al., Defendants.

ORDER APPROVING STIPULATION AND DISMISSING DEFENDANT QWEST CORPORATION

THIS MATTER comes before the Court on the Stipulation between Plaintiff United States of America (the "United States") and Defendant Qwest Corporation ("Qwest"). Upon review of the Stipulation, the Court hereby ORDERS as follows: The Stipulation is approved and its terms are made an Order of this Court. Defendant Qwest shall be dismissed from this action, with prejudice, each party to bear its own costs and attorney fees. The United States shall reflect in any Final Order that the real property at issue in the above-captioned action is taken subject to Qwest's Easement, the First Right of Way Agreement and the Second Right of Way Agreement, as identified in the Stipulation.

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Case 1:02-cv-01841-MSK-MJW

Document 112-5

Filed 12/12/2006

Page 2 of 2

SO ORDERED this _____ day of _________________, 2006. BY THE COURT:

_________________________________ Marcia S. Krieger District Court Judge

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