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allegations of Plaintiffs' complaint, Defendant pray that Plaintiffs have and take nothing <br /> by this proceeding,that Defendants be permitted to raise such other affirmative defenses <br /> as may be developed by discovery or other processes in this action, and that Defendants <br /> have their allowable costs and expenses of this proceeding together with such additional <br /> relief as the Court deems appropriate. <br /> DEFENDANTS' COUNTERCLAIMS <br /> Defendants, by their attorneys, for counterclaims and claims for relief against <br /> Plaintiffs allege: <br /> 132. Defendants reallege the allegations contained in paragraphs 49-99. <br /> 133. Defendants reallege the allegations contained in paragraphs 104-107. <br /> 134. On or about December 4, 1996, Plaintiffs sought to reopen the bankruptcy <br /> proceeding alleging,essentially,the same allegations contained in its complaint filed in this <br /> action. <br /> 135. Plaintiffs' motion to reopen the bankruptcy proceeding was denied. A <br /> conformed,reduction copy of the Bankruptcy Court's"Order on Motion to Reopen"denying <br /> Plaintiffs'motion,entered February 19,1997 by the Honorable Patricia A.Clark,is attached <br /> to this answer,marked as Answer Exhibit 7 and incorporated herein by this reference. <br /> 136. On or about May 23, 1997, in connection with a prospective sale of real <br /> property in furtherance of the PLAN,Defendants'representative requested the Treasurer's <br /> Office,Pitkin County,Colorado,issue a Certificate of Taxes Due,as provided by 16A COLO. <br /> REV.STAT. § 39-10-115 (1982 Repl. Vol.), on what is denominated as the"Prep Plant Tract" <br /> which consists of the so-called Coal Preparation Plant Area(MCR Parcel 4,Answer Exhibit <br /> 3 p. 10), the so-called Sutey Property (MCR Parcel 5, Answer Exhibit 3 p. 11), and the so- <br /> called Patent Property (MCR Parcel 6, Answer Exhibit 3 p. 12). <br /> 137. The Treasurer's Office, Pitkin County, Colorado, refused, neglected or <br /> otherwise did not comply with the statutory mandate of Section 39-10-115 thereby <br /> precluding the prospective closing all to the detriment of Defendants and non- <br /> "unimpaired" MCR creditors which detriment and expense includes,but is not necessarily <br /> limited to,continuing incurrence of statutory penalty interest,fees and/or charges,as well <br /> as the attorney fees, costs and expense of these counterclaims. <br /> CIVIL No.97 cv 131-3 -25- AMENDED ANSWER&COUNTERCLAIMS <br />