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a. Mid-Continent Resources,Inc.("MCR")is a Delaware corporation doing <br /> business in the State of Colorado. It is a bankrupt debtor in possession subject to the <br /> Creditors' Trust imposed by a bankruptcy PLAN of liquidation described hereinafter (1i 16, <br /> post); and <br /> b. Louis M. LaGiglia is the Creditors' Trustee appointed pursuant to the <br /> Creditors' Trust established by the bankruptcy PLAN of liquidation. <br /> C. Collectively Defendants and Third-party Plaintiffs shall be referred to <br /> hereinafter as "Defendants". <br /> 3. Third-party Defendant, the State of Colorado, Department of Natural <br /> Resources, Division of Minerals and Geology ("DMG", formerly the Mined Land <br /> Reclamation Division, sometimes acting through the Mined Land Reclamation Board, <br /> "MRLB",see PLAN§§ 1.13 and 1.25,and 14 COLO.REV.STAT. §34-32-105 (1995 Repl.Vol.)),is <br /> an agency of the State of Colorado charged with administration of a mining permit issued <br /> MCR pursuant to the Colorado Surface Coal Mining Reclamation Act, id. §§ 34-33-101 <br /> through-137. <br /> ORIGINAL ACTION <br /> 4. Plaintiffs commenced this action asserting four claims for relief,declaratory <br /> relief(Complaint¶1 28-30),damages for alleged breach of the Bankruptcy Court's liquidation <br /> PLAN (id.¶¶ 31-34 p. 4),an accounting(id. $$ 34-38 pp.4-5),and equitable relief(id. $1 39-46 <br /> p. 5) all in connection with allegedly unpaid assessments for ad valorem taxes. <br /> 5. Defendants by their amended answer and counterclaims have responded to <br /> the complaint's allegations and have asserted affirmative defenses and counterclaims. <br /> INTITIATORY PLEADINGS(SEPARATE COPIES) <br /> 6. To avoid overburdening the Court file, copies of Plaintiffs' complaint and <br /> Defendants' amended answer and counterclaims,as filed in this action,have been served <br /> upon DMG contemporaneously with this third-party complaint. Where appropriate for <br /> reference, these initiatory and responsive pleadings are referenced in this third-party <br /> complaint. <br /> BACKGROUND <br /> 7. MCR began underground coal mine operations in Coal Basin,four miles west <br /> of the Village of Redstone,in 1956.The operation was continuous thereafter until 1991.MCR <br /> owned real property and operated as many as five underground coal mines and a coal <br /> CIVIL No.97 cv 131-3 -1- THIRD-PARTY COMPLAINT <br />