My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
1998-11-30_GENERAL DOCUMENTS - C1981017
DRMS
>
Day Forward
>
General Documents
>
Coal
>
C1981017
>
1998-11-30_GENERAL DOCUMENTS - C1981017
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
3/13/2021 12:00:27 PM
Creation date
5/2/2012 2:23:17 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
11/30/1998
Doc Name
Midcon Realty, LLC's 3rd party complaint
From
US District Court
To
Mid-Continent Resources, Inc. & DMG
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
8
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
111,30/98 18:38 FAX 3037962777 URN''S FIGA & WILL 16 012/014 <br /> 33. Destruction of the Improvements would be a violation of the United States and <br /> Colorado Constitutions. <br /> 34. Destruction of the Improvements by DMG contrary to the wishes of MidCon is in <br /> contravention of the Colorado Surface Coal Mining Reclamation Act, C.RS. § 34-33-101, et seq. <br /> SECOND CLAIM FORRELIEF <br /> (Breach of Contract for Reclamation Work) <br /> 35. _MidCon hereby incorporates all previous averments as if set forth in full. <br /> 36_ DMG's mine reclamation activity in Coal Basin is expressly subject to the <br /> provisions of the Liquidation Plan which incorporates the Reclamation Plan. <br /> 37. In carrying out the reclamation activities under the Reclamation Plan, DMG is <br /> acting pursuant to a contract entered into by, among others, DMG; MCR and MCR's creditors who <br /> are all a parties to and bound by the Liquidation Plan which was approved by the bankruptcy court. <br /> 38. As owner of property upon which some of the reclamation activities have taken <br /> place and will occur in the future,MidCon is a third-party beneficiary of the Reclamation Plan. <br /> 39. DMG has stated its intention to perform reclamation in Coal Basin such that it will <br /> exhaust all funds available to it under the Bankruptcy Liquidation Plan before completing all <br /> reclamation_ Further, some of the reclamation that DMG has performed on MidCon's property has <br /> been substandard and in breach of the Reclamationi Plan's requirements. <br /> 40. MidCon has been damaged by DMG's failure to comply with, the Reclamation <br /> Plan for reclamation already performed on NUCon's land and will be further damaged should <br /> DMG exhaust all the reclamation funds without completing reclamation on MidCon's property. <br /> THIRD CLAIM FOR RELIEF <br /> (Declaratory Judgment regarding Coal Load Out) <br /> 41_ MidCon hereby incorporates all previous averments as if set forth in full. <br /> 42. MidCon ovens certain real property in Gar-field County, Colorado known as <br /> the"Coal Load Out Facility". The Coal Load Out was purchased by MidCon from MCR which <br /> used the Coal Load Out as part of its mining operations and consequently it is included as part of <br /> the Reclamation Plan. <br /> 43. MidCon is in the process of completing all reclamation on the Coal Load Out. <br /> MIDCON REALTY,LLC's <br /> -6- <br /> CtviL No.97 Cv 131-3 THiRD-PARTY COMPLAINT <br />
The URL can be used to link to this page
Your browser does not support the video tag.