Free Notice of Appeal - District Court of Colorado - Colorado

Case 1:04-cv-01258-LTB-BNB

Document 176

Filed 02/02/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1258-LTB-BNB STUDENT MARKETING GROUP, INC., Plaintiff, v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC., Defendant. _____________________________________________________________________________ NOTICE OF APPEAL ______________________________________________________________________________

Defendant College Partnership, Inc. ("College Partnership"), by and through its counsel, Rosemary Orsini and Brian K. Matise of Burg Simpson Eldredge Hersh & Jardine, P.C., pursuant to Fed. R. App. P. 3(a) and 3(c), hereby gives notice that it is appealing to the United States Court of Appeals for the Tenth Circuit the Judgment entered by the Clerk in this matter on January 3, 2006, [Docket No. 167], together with the Order entered by Hon. Lewis T. Babcock, Chief District Judge, on December 28, 2005, [Docket No. 166]. In accordance with Fed. R. App. P. 4(a), this Notice of Appeal is timely because it is filed within 30 days after entry of the final judgment in this matter. College Partnership gives further notice that it has filed in the District Court pursuant to Fed. R. Civ. P. 59 a Motion for New Trial and/or To Alter or Amend Judgment. Accordingly, pursuant to Fed. R. App. P. 4(a)(4)(B), this Notice of Appeal becomes effective upon the District Court's entry of its order on said motion.

Case 1:04-cv-01258-LTB-BNB

Document 176

Filed 02/02/2006

Page 2 of 2

WHEREFORE, Defendant College Partnership, Inc., gives notice of its appeal to the United States Court of Appeals for the Tenth Circuit.

DATED:

February 2, 2006. Respectfully submitted, BURG SIMPSON ELDREDGE HERSH & JARDINE, P.C. (Original Signature on File) /s/Brian K. Matise Brian K. Matise 40 Inverness Drive East Englewood, Colorado 80112 Telephone: (303) 792-5595 Facsimile: (303) 708-0527 ATTORNEYS FOR DEFENDANT COLLEGE PARTNERSHIP, INC. CERTIFICATE OF SERVICE

I hereby certify that on February 2, 2006 I electronically served this document on the undersigned counsel by the CM/ECF system: Gary Parish, Esq. R. Daniel Scheid, Esq. Sander, Scheid, Ingebretsen, Miller & Parish P.C. 700 17th St., Suite 2200 Denver, CO 80202 Patrick J. McElhinny, Esq. Dianna S. Karg, Esq. Kirkpatrick & Lockhart LLP 535 Smithfield St. Henry W. Oliver Building Pittsburgh, PA 15222 (Original Signature on File) s/Maureen Gedeon

-2-