1997-07-09_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 7/9/1997
• Doc Name: Amended Answer & Counterclaims
• From: District Court County of Pitkin
• To: DMG
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

Plaintiffs' Second Claim for Relief
31. Defendants incorporate their responses in answer paragraphs 1-27 and 47-48
to complaint paragraphs 1-27.
32. Defendants deny the allegations in complaint paragraph 32.
33. Defendants deny the allegations in complaint paragraphs 33.
Plaintiffs' Third Claim for Relief
(Accounting)
34. Defendants incorporate their responses in answer paragraphs 1-27 and 47-48
to complaint paragraphs 1-27.
35. Defendants admit personal property and mining improvements have been
sold pursuant to the provisions of Bankruptcy Court approved equipment liquidation
contract, dated September 1, 1992, the M&E/KING CONTRACT (see Answer ¶ 66, post).
Defendants deny all other allegations in complaint paragraph 35.
36. Defendants admit the Creditors' Trustee has received in excess of$500,000
in sale proceeds of salvaged mining equipment under the M&E/KING CONNTRACr.
Defendants deny all other allegations in complaint paragraph 36.
37. Defendants deny the allegations contained in complaint paragraph 37.
38. Defendants deny the allegations contained in complaint paragraph 38.
Plaintiffs' Fourth Claim for Relief
(Equitable Relief/Constructive Trust)
39. Defendants incorporate their responses in answer paragraphs 1-27 and 47-48
to complaint paragraphs 1-27.
40. Defendants are without information or belief as to the motivations or
thinking of Pitkin County; accordingly, defendants deny the allegations contained in
complaint paragraph 40.
41. Defendants are without information or belief as to the motivations or
thinking of Pitkin County; accordingly, defendants deny the allegations contained in
complaint paragraph 41.
CIVIL No.97 Cv 131-3 -4- AMENDED ANSWER&COUNTERCLAIMS