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The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF RIO BLANCO, State of Colorado, Petitioner v. EXXONMOBIL OIL CORPORATION, Respondent
PER CURIAM.
Justice Bender, Justice Rice and Justice Eid are of the opinion that the judgment of the court of appeals, 192 P.8d 582 (Colo.App. 2008), should be affirmed; whereas Chief Justice Mullarkey, Justice Hobbs, and Justice Martinez are of the opinion that it should be reversed. Justice Coats does not participate.
Since the court is equally divided, the decision of the court of appeals is affirmed by operation of law. See C.A.R. 85(e).
Justice COATS does not participate.