1997-07-09_GENERAL DOCUMENTS - C1981017

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the real property ad valorem taxes for"improvements"under No.R007863 were improper, invalid and are now uncollectible and/or that the statutory lien of Tax Assessment Schedule No. R007863 does not extend to or include lands in the so-called Prep Plant Tract. Fifth Counterclaim (Declaratory Relief, Invalidity of Lien for Tax Assessment Schedule No. P004062) 145. For a further counterclaim for relief against Plaintiffs,Defendants reallege the allegations in paragraphs 132 and 133 and ask that the Court determine and declare that the lien,if any, formerly enjoyed by Plaintiffs as to machinery and equipment covered by Tax Assessment Schedule No. P004062 has been extinguished by the salvage, sale, or substantial scrapping or disposal of such pursuant to the M&EJ ING CONTRACT. Sixth Counterclaim (Frivolous & Vexatious) 146. For a further counterclaim for relief against Plaintiffs,Defendants reallege the allegations in paragraphs 132 and 133 and pursuant to COLO.R.Crv.P. 11 and 6A COLO. RED STAT. § 13-17-102 (1987 Repl. Vol.) ask for their attorney fees, costs and expenses related to: a. Defendants' defense of the allegations of Plaintiffs' complaint which are barred by the federal supremacy of the bankruptcy proceeding and unless and until such time as Plaintiffs exhaust their statutory and"state law rights and remedies",and b. Defendants' prosecution of the these counterclaims or any of them. WHEREFORE, Defendants prays that the Court grant the relief sought by the foregoing counterclaims,that Defendants be permitted to alleged such other counterclaims as may be deemed warranted by discovery or other processes in this action,together with such additional relief as to the Court appears proper in the circumstances. DATED this 9t' day of July, 1997. Respectfully submitted, Delaney &Balcomb, P.C. Ate6m—_ey at Law ;�By 1 Edward Mulhall,Jr. Cn,L No.97 Cv 131-3 -28- AMENDED ANSWER&COUNTERCLAIMS