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b. The firm'• fees in this bankruptcy came, to the wrongful discharge action; (iv) advising the Debtor in a toxic
<br /> extent allowed by the Court, have been guaranteed by waste action pending in Texas against the Debtor and
<br /> Mid-Continent Minerals, Inc. Nonetheless, the firm has approximately 400 other defendants; (v) performing miscellaneous
<br /> been engaged only by the Debtor, and not by Mid- tasks requiring West Slope counsel, such as title review.
<br /> Continent Minerals, Inc., in regard to this cams, and
<br /> it expressly is understood that any legal The Debtor and Delaney L Balcomb believe that Delaney L
<br /> representation required in this came by the parent Holcomb does not represent or hold an interest adverse to the
<br /> corporation will be obtained from other counsel. Debtor or its bankruptcy estate with respect to the matters on
<br /> which the firm is to be employed, and that the firm therefore is
<br /> c. The firm represents several creditors of the eligible to represent the Debtor in this case and related
<br /> Debtor, including Colorado Compensation Insurance proceedings. Nonetheless, the firm discloses the following
<br /> Authority, Colorado Mountain College, Strong Brothers connections to other parties in the cases
<br /> Enterprises, VSR Acquisition Corp., Valley Electric
<br /> Supply, and Valley View Hospital, in matters unrelated a. The firm has a long-standing attorney-client
<br /> to the Debtor. The firm has in the past represented relationship with the Debtor.
<br /> other creditors of the Debtor, including Colorado
<br /> Mining Association, Columbine Mining Co.. Denver L Rio b. The Debtor's General Counsel, Robert Delaney, is a
<br /> Grande Railroad, Dresser Industries, Glenwood Medical long-standing member of the firm. Since January 1,
<br /> Associates, Savage Coal Service Corp., and Yellow 1992, Mr. Delaney has been of counsel to the firm,
<br /> Freight System, Inc., in matters unrelated to the drawing no compensation from the firm. The firm
<br /> Debtor, receives no compensation from the Debtor for Mr.
<br /> Delaney's services as the Debtor's General Counsel.
<br /> d. The firm also has represented Carbondale Mine
<br /> Services, which is a corporate affiliate of the Debtor c. The firm holds a pre-petition claim against the
<br /> and which holds a large unsecured claim against the Debtor's bankruptcy estate in the amount of $18,012.88,
<br /> Debtor, and Delaney i Balcomb (see the section of this for pre-petition legal services.
<br /> Notice under the heading "Delaney L Holcomb, P.C.,
<br /> below) on matters unrelated to the Debtor. d. The firm has represented Carbondale Mine Services,
<br /> which is a corporate affiliate of the Debtor and which
<br /> None of the firm's pest and present relationship• with scheduled holds a large unsecured claim against the Debtor.
<br /> creditors of the Debtor relate to the matters for which
<br /> employment is sought in this Application. e. The firm represents Pitkin Iron Corporation in a
<br /> matter unrelated to the Debtor. Pitkin Iron
<br /> Delaney i Balcomb. P.C. Corporation holds a large unsecured claim against the
<br /> Debtor.
<br /> In the third Application, the Debtor weeks
<br /> authorization to employ Delaney L Balcomb, P.C. for special f. The firm has represented Grand River Construction,
<br /> purposes in connection with certain non-bankruptcy matters an unsecured creditor, in matters unrelated to the
<br /> related to the Debtor's bankruptcy came. The firm will charge Debtor.
<br /> the Debtor reasonable fees and expenses for its services, based • with the scheduled creditors of the
<br /> on the normal hourly rates charged by the members of the firm, The firm'• relationships
<br /> with all fees and expenses of the firm subject to review by this Debtor are not involved in the matters for which employment is
<br /> Court in accordance with applicable law. sought in this Application.
<br /> The special purposes for which Delaney i Balcomb is to Pursuant to Rule 23 of the Local Rules of Bankruptcy
<br /> be employed include the followings (i) representation of the Procedure, if you desire to oppose this action you must file a
<br /> Debtor in various regulatory court matters and administrative written request for a hearing with the Court on or before March
<br /> proceedings brought by state and federal authorities, including 13, 1992, and serve a copy of the written request for hearing
<br /> actions to collect civil penalties related to the Debtor's coal upon the applicant named below. Objections or requests for
<br /> mine operation] (ii) representation of the Debtor in numerous hearing shall clearly specify the grounds upon which they are
<br /> lawsuits filed by vendors of the Debtor, including an action based, including the citation of supporting legal authority, if
<br /> brought by the Colorado Compensation Insurance Fund for payment any. GENERAL OBJECTIONS OR REQUESTS FOR HEARINGS WILL NOT BE
<br /> of workers' compensation fund premiums, some of which are . CONSIDERED BY THE COURT.
<br /> disputed by the Debtor] (iii) representation of the Debtor in a
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