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Delaney & Balcomb represent it in proceedings related to mine <br /> reclamation. Thus, the debtor has not shown any necessity for <br /> such employment. Therefore, it is difficult to determine whether <br /> it is appropriate to grant the application and require the estate <br /> to pay for special counsel fees. <br /> 5. In addition, as stated in the debtor's application, <br /> Robert Delaney is a long-standing principal of the law firm of <br /> Delaney & Balcomb. Delaney also is an officer of, and general <br /> counsel to, the debtor corporation. Moreover, the law firm of <br /> Delaney & Balcomb is currently representing the debtor in other <br /> proceedings as provided in the debtor's other applications to em- <br /> ploy the law firm. <br /> The lawsuit filed against the individuals of the debtor and <br /> Minerals requests that such named parties be held responsible for <br /> the same reclamation obligation as claimed against the debtor in <br /> the bankruptcy proceeding. It is difficult to imagine how there <br /> could not be a direct, fundamental conflict of interest for <br /> Delaney's firm to represent an entity which intends to intervene <br /> as a party in an action in which reclamation liability is <br /> requested against Delaney personally. <br /> Indeed, it would seem that Delaney should be impleading the <br /> debtor as a third party defendant since the debtor was the mining <br /> permittee and is also liable under Colorado law for reclamation. <br /> These entities' interest would be adverse rather than consistent <br /> -3- <br />