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DISTRICT COURT, COUNTY OF PITKIN,STATE OF COLORADO <br /> Case No. 97 CV 131� -•' <br /> 11�111fo11'LC:1 �_____ <br /> COMPLAINT by <br /> . A <br /> BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO and <br /> THOMAS CARL OKEN. PITKIN COUNTY TREASURER <br /> Plaintiffs, <br /> V. <br /> UD-CONTINE\rF 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 /> S363.181.08 for taxes assessed as of tanuary 1. 1990 and ianuarv_ 1. 1991. on real and <br /> personal property of the Debtor located in Pttkin Countv. <br /> Under the Plan. Section _'.1. the property taxes accrued to the effective <br /> date of the Plan were classified as Mass I claims, and were secured bv_ a senior statutory <br /> lien on the Debtor's real and personal properrv. As defined in the Plan. Section 1.14. <br />