Free Notice of Appeal - District Court of Colorado - Colorado

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

Document 119

Filed 09/15/2005

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 August 25, 2005, [Docket No. 111], together with the following associated interlocutory orders: Order on Motion in Limine and Motion for Summary Judgment, entered by Hon. Lewis T. Babcock, Chief District Judge, on August 22, 2005, [Docket No. 108], the Temporary Restraining Order entered June 22, 2004, [Docket No. 13], and the Order entered by the Court in open court on June 22, 2004 on the Motion for Temporary Restraining Order [Docket No. 12]. 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. WHEREFORE, Defendant College Partnership, Inc., gives notice of its appeal to the United States Court of Appeals for the Tenth Circuit.

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

Document 119

Filed 09/15/2005

Page 2 of 2

DATED:

September 15, 2005. Respectfully submitted, BURG SIMPSON ELDREDGE HERSH & JARDINE, P.C.

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 September 15, 2005 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 _________________________________

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