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AGO NAT. RES. SECTION Fax:3038663558 Aug 26 '97 8:34 P.07 <br /> outcome of this matter, MCR and Louis LaGiglia are obligated to <br /> fulfill the terms of the liquidation plan. <br /> Alternatively, if this Court determines that the requested <br /> accounting from the Division is relevant to the issues in this <br /> case, such relevancy could only exist after the issues contained <br /> in the underlying pleadings of the Plaintiffs and Defendants are <br /> first determined, and this Court rules in favor of the <br /> Plaintiffs . Accordingly, the request for an accounting from the <br /> Division is premature until the claims of the Plaintiffs and <br /> Defendants have been resolved. <br /> Third Affirmative Defense <br /> (Compliance with the Liquidation Play:) <br /> 40 . As an affirmative defense to the Third-Party Complaint, <br /> the Division states that it has fully and completely complied <br /> with the liquidation plan. <br /> Counterclaim <br /> (violation of Fiduciary Duties) <br /> 41 . Louis LaGiglia is the Creditors` Trustee under the <br /> liquidation plan. He is obligated to take all reasonable and <br /> prudent steps in regard to the Creditors, Trust including <br /> appropriately protesting and paying proper taxes. To the extent <br /> that this Court finds that the Trustee failed to protest taxes in <br /> a timely manner and is therefore barred from doing so, and to the <br /> extent that the Trustee has failed to pay proper taxes, the <br /> Trustee has violated his fiduciary obligations. By such failure, <br /> the Trustee has exposed the Creditors' Trust to additional taxes <br /> and costs. such failure constitutes misfeasance, gross <br /> negligence, or willful disregard of the Trustee's duties. <br /> GALE A. NORTON <br /> Attorney General <br /> MARTHA PHILLIPS ALLBRIGHT <br /> Chief Deputy Attorney General <br /> RICHARD A. WESTFALL <br /> Solicitor General <br /> JOSEPH C. SMITH, JR. <br /> Deputy Attorney General <br /> i <br /> CHERYL . LINDEN, 14185* <br /> First Assistant Attorney General <br />