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11/30/98 18:38 FAX 3037962777 BURNS FIGA & WILL Z 013/014 <br /> 44. Once reclamation is complete. MidCon regtures written acknowledgement from <br /> DMG that reclamation is complete and that DMG will assert no rights in the Coal Load Out in <br /> order for the property to be marketable. <br /> 45. DMG has not issued any documentation to MidCon stating that DMG is satisfied <br /> with reclamation work on the Coal Load Out and that DMG will assert no rights in the property. <br /> 46. Without written acknowledgement that DMG claims no rights in the Coal Load <br /> Out,MidCon will sufTer injury because its property will not be.marketable. <br /> 47. Under C.R_Civ.P. 57,this Court has the power to declare the rights and interests of <br /> MidCon and DMG in the Coal Load Out_ <br /> 48_ 'Upon completion of the reclamation of the Coal Load Out, this Court should <br /> declare that DMG has no right,title or interest in the Coal Load Out. <br /> WHEREFORE, MidCon Realty, LLC hereby requests the following relief: <br /> a. An injunction restraining D.MG from destroying the Improvements identified in <br /> paragraph 25 above; <br /> b. Damages for DMG's breach of contract in not performing reclamation work <br /> pursuant to the Reclamation Plan; <br /> c_ Specific performance requiring DMG to adequately perform the Reclamation <br /> Plan in the future; <br /> d. A declaration that DMG has no further rights in the Coal Load Out; <br /> C. Attorneys' fees,costs and interest; <br /> f. Such other relief as the Court deems just_ <br /> M DCON'REALTY,LLC'S <br /> -7- <br /> QVILNo.97 cv 131-3 THtRD-PARTY COMPLAr r <br />