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64. The motion to employ M&E was supplemented by a subsequent
<br /> "Supplement to Motion for_authorization to Employ Equipment Liquidators,and to Obtain
<br /> Credit Secured by Senior Lien", dated August 13, 1992. This supplement had as an exhibit
<br /> a proposed contract between MCR and M&E that had been reviewed in detail by counsel
<br /> for the Creditor's Committee and which incorporated comments of the Committee and
<br /> other parties.
<br /> 65. Following notice a5 provided by the local bankruptcy rules,the Bankruptcy
<br /> Court entered its"Order Authorizing Debtor [MCR] to Employ Equipment Liquidators and to
<br /> Obtain Credit Secured by Senior Lien", on August 13, 1992.
<br /> 66. Pursuant to this Order, MCR entered into the approved Contract, dated
<br /> September 1,1992,with M&E and A.M.King Industries,Inc.("King"),jointly and severally
<br /> and as joint venturers doing bu-siness for purposes of the Contract as"M&F�/King", as the
<br /> MCR equipment liquidating contractor (herein the "M&F,K G CONTRACT"). For
<br /> convenience of reference, a reduction, conformed copy with line numbering of the
<br /> M&E/KiNG CONTRACT is attached to this answer, marked as Answer Exhibit 1 and
<br /> incorporated herein by this reference.The M&E/KiNG CONTRACT is specifically incorporated
<br /> into the amended bankruptcy-plan of liquidation approved by the Bankruptcy Court(PLAIT
<br /> §§ 1.19 and 1.20, p. 3; see An i er ¶ 73, post).
<br /> 67. The equipment and personal property subject to the M&E ING CONTRACT
<br /> was more extensive than merely the Coal Basin mine site (Answer Exhibit 1 T I.0 p. 2):
<br /> C. ui went_ All underground and surface mining equipment,
<br /> materials handling and processing equipment, and other personal property
<br /> owned by Mid-Continent that comprise and have been used in the operation
<br /> of the Mine Site, Load-Out Site, Carbondale Industrial Park, and Carbondale
<br /> Fabrication Shop, including, by way of example, but not limited to, mining
<br /> machines, rolling stock, structures [e.g. warehouses, bathhouse, offices, coal
<br /> preparation plant with thermal dryers, and storage structures, but excluding
<br /> concrete and cinder block portions of structures and excluding masonry
<br /> foundation and pads within or outside metal buildings; also excluding office
<br /> building and contents thereof at the Load-Out Site and structures located at the
<br /> Carbondale Industrial Park and the Carbondale Fabrication Shop],tractors and
<br /> motors,electrical substations and equipment[excluding the 69 KV 20 megawatt
<br /> substation and meter station owned by Public Service Company of Colorado],
<br /> generators, conveyor belt installations, (excluding foundation and pads
<br /> therefor), copper wmng, loading equipment and surface structures), three
<br /> warehouses and their contents, including warehoused mining and office
<br /> equipment, materials and furniture, the load-out station and structure at the
<br /> load-out site,including all those items still in place described in an inventory,
<br /> previously supplied by Mid-Continent to Contractor (not audited by
<br /> Contractor). [Double underscoring added.]
<br /> CrvrL No.97 cv 131-3 -8- AMENDED ANSWER&COUNTERCLAIMS
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