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DISTRICT COURT, COUNTY OF PITKIN,STATE OF COLORADO <br /> Case No. 97 CV I�`^ ;�•{ �? <br /> -.06 WH XU rutu <br /> COMPLAINTby <br /> BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO and <br /> THOMAS CARL OKEN, PITKIN COUNTY TREASURER <br /> Plaintiffs. <br /> V. <br /> MID-CONT11NE\7 RESOURCES, INC..AND LOUIS LaGIGLIA.TRUSTEE <br /> Defendants. <br /> The Board of County Commissioners of Pitkin County Colorado, a Colorado <br /> Home Rule County, and its Treasurer, Thomas Carl Oken, (hereinafter referred to <br /> collectively as "Pitkin County'') through undersigned counsel, for their Complaint <br /> against Defendants Mid-Continent Resources Inc., and Louis LaGiglia (hereinafter <br /> collectively referred to as "Mid-Continent") allege as follows: <br /> General Allegations <br /> 1. This Court has jurisdiction as stated in the Order of the Bankruptcy <br /> Court attached as Exhibit A and incorporated by this reference. <br /> 2. Defendant Mid-Continent filed a chapter 11 bankruptcy in 1992. Case <br /> No. 92 11658 PAC. Defendant LaGiglia was and is the Trustee. <br /> 3. Pitkin County is a creditor whose claims have not been paid. <br /> 4.. The Bankruptcy Court entered its Order Confirming Debtor's Second <br /> Amended Plan of Liquidation on April 11, 1994 (the "Plan"), a copy of which is <br /> attached hereto as Exhibit B and incorporated by this reference. <br /> 5. An order closing the case was entered on March 22, 1996. <br /> 6. At the time the bankruptcy case was filed. Pitkin County had a claim of <br /> $363.181.08 for taxes assessed as of January 1. 1990 and January 1. 1 99 1, on real and <br /> personal property of the Debtor located in Pitkin Countv. <br /> 7. Under the Plan. Section 2.1, the property taxes accrued to the effective <br /> date of the Plan were classified as Class I claims, and were secured bv_ a senior statutory <br /> lien on the Debtor's real and personal property. As defined in the Plan. Section 1.14, <br />