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WHEREFORE and assuming this Court has jurisdiction to order an accounting,and <br /> because of DMG's (a) refusal to account for Creditors' Trust funds provided it, (b) account <br /> for Creditors' Trust funds on hand, and (c) state and/or account as to what Creditors' Trust <br /> funded reclamation work, if any, remains to be done by it or its contractors, neither <br /> Creditors' Trustee nor MCR can fully or completely account, that this Court order DMG <br /> account for Creditors' Trust funds received,paid-out,on-hand,and anticipated to be paid- <br /> out and order DMG's full and complete compliance with the PLANT; this Court should also <br /> determine the balance of Creditors' Trust funds, if any, owing DMG to be paid before ad <br /> valorem taxes and other expenditures as detailed in Defendants'amended third counterclaim <br /> (amended answer TT 141-143),and grant such other and further relief as to the Court appears <br /> proper. <br /> DATED this 3?day of July, 1997. <br /> Respectfully submitted, <br /> DELANEY&BALCOMB,P.C. <br /> Att neys t Law <br /> By <br /> ZzuU46��\K <br /> Edward Mulhall,Jr. <br /> Registration No. 1374 <br /> Attorneys for Defendants <br /> P. O. Drawer 790 <br /> 818 Colorado Avenue <br /> Glenwood Springs, CO 81602 <br /> Telephone: 970.945.6546 <br /> Facsimile: 970.945.8902 <br /> CIVIL No.97 Cv 131-3 -8- THIRD-PARTY COMPLAINT <br />