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11/30/98 18:38 FAX 3037962777 BURNS FIGA & WILL Z011/014 <br /> 22. "Reclamation Bond" referred to in Plan section 4.3.2 is defined in Plan section <br /> 1.30.The Plan also states (§ 4.3.5). <br /> 4.3.5 Residual Funds_ In the event that the Mine Site is Fully reclaimed <br /> ,.nthout ex ending all funds distributed to the MLRB under the Plan, <br /> the balance of such funds shall be used, first, to complete any <br /> distributions owed to Class 9 under the Plan; second,to supplement the <br /> funds reserved for Class 6 claims pursuant to Section 4.4 of the Plan; <br /> and third, to pay Sanwa on account of Sailwa's Class 4 claim. [Double <br /> underlining added.] <br /> FIRST CLAIM FOR RELIEF <br /> (Injunction) <br /> 23. MidCon hereby incorporates all previous averments as if set forth in full. <br /> 24. MidCon ovens certain real property within Coal Basin that is subject to the <br /> ongoing reclamation being performed by DMG. <br /> 25. DMG, as part of its reclamation work, proposes to raze and destroy the rock <br /> tunnel's Lamp House, its power lines, a metal building near the former preparation plant, access <br /> roadways, culverts for stream crossings and water tank (collectively "Improvements"), all on <br /> property currently owned by MidCon. <br /> 26. MidCon desires to use the Improvements for post-mining uses and does not want <br /> them destroyed. <br /> 27. MidCon has requested that DMG provide assurances that DMG will not destroy <br /> the Improvements, but DMG has not given such assurances. <br /> 28_ Because the Improvements are on real property, destruction of the Improvements <br /> will cause irreparable harm and there is no adequate remedy at law. <br /> 29. Restraining the destruction of the Improvements would be in the public interest- <br /> 3 <br /> 0. The balance of the equities favors such an injunction. <br /> 31. DMG proposes to destroy the Improvements vN7thout paying any compensation to <br /> MidCon. <br /> 32. Destruction of the Improvements is not for any public purpose. <br /> MInCON REALTY,LLC's <br /> -5- <br /> CrvtL NO. 97 Cv 131-3 TI•IIRD-PARTY COMPLAINT <br />