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11.30i98 18:37 FAX 3037962777 BURNS FIGA & WILL Z 008/014 <br /> b_ Louis M. LaGiglia is the Creditors' Trustee ("Trustee") appointed pursuant <br /> to the Creditors' Trust established by the Bankruptcy Plan of liquidation and is both a Defendant <br /> and Third-Party Plaintiff. <br /> c. MidCon Realty, LLC is a Colorado limited liability company ("MidCon") <br /> that owns certain real property that is involved in part of the matters in dispute in this action and is <br /> a Third-Party Plaintiff only. <br /> 3. Third-party Defendant, the State of Colorado, Department of Natural Resources, <br /> Division of -Minerals and Geology ("DMG", formerly the Mined Land Reclamation Division., <br /> sometimes acting through the Mined Land Reclamation Board, "MRLB", see Plan §§ 1.13 and <br /> 125,and C_R.S. § 34-32-105), is an agency of the State of Colorado charged with administration of <br /> a mining permit issued to MCR pursuant to the Colorado Surface Coal Mining Reclamation Act, <br /> id. §§ 34-33-101-137_ <br /> ORIGINAL ACTION <br /> 4. Plaintiffs commenced this action asserting four claims for relief, declaratory relief <br /> (Complaint 11,1,J 28-30), damages for alleged breach of the Bankruptcy Court's Liquidation Plan (id_ <br /> r.r 31-34 p. 4), an accounting (id. ¶¶ 34-38 pp. 4-5), and equitable relief(id. J(J( 39-46 p. 5) all in <br /> connection with allegedly unpaid assessments for ad valorem taxes. <br /> 5. All issues between Plaintiffs and MCR and the Trustee have been settled by <br /> stipulation approved by Court Order and by summary judgment. <br /> BACKGROUND <br /> 6. MCR began underground coal mine operations in Coal Basin, four miles west of <br /> the village of Redstone, in 1956. The operation was continuous thereafter until 1991. MCR owned <br /> real property and operated as many as five underground coal mines and a coal preparation plant in <br /> Coal Basin. Coal mined and cleaned in Coal Basin was hauled by truck to the Carbondale, <br /> Colorado Coal Load Out and shipped by rail to MCR customers. <br /> 7. MCR ceased all mining operations on January 25, 1991. Except for skeleton <br /> maintenance and patrolling crews -- "mothballing" personnel -- all mining personnel were <br /> terminated. <br /> 8_ Following shutdown of mining operations, MCR began efforts to sell its Coal <br /> Basin muting operation, including real and personal property used in connection with its <br /> underground coal mining operation_ <br /> MmCoN REALTY, LLC'S <br /> -2- <br /> CivILNo.97 cv 131-3 TFIIRD-PARTY CDNTLAINT <br />