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INTRODUCTORY NOTE <br /> Pitkin County originally initiated this lawsuit in April 1997 against Mid-Continent <br /> Resources, Inc. ("MCR") and the Creditors' Trustee, Louis LaGiglia, for back taxes owed by <br /> MCR. After answering the County's complaint, MCR and the Trustee asked this Court to <br /> implead the Division. On July 31, 1997, this Court impleaded the Division as a third-parry <br /> defendant. <br /> The third-party complaint asked the Division to provide an accounting which set forth <br /> the amount the Division had spent on reclamation, the amount the Division still needed to <br /> complete reclamation and the amount the Division had on hand for reclamation. After <br /> answering the third-party complaint in August 1997, the Division provided to the Court and <br /> to the parties the accounting requested by MCR and the Creditors' Trustee, including setting <br /> forth the tasks still needed to be completed and their estimated costs. <br /> After providing the Accounting to the parties in January 1998, the Division met with <br /> MCR and the Trustee on numerous occasions over several months to answer questions they <br /> had concerning reclamation and to attempt to resolve any reclamation and accounting <br /> disputes between the parties. During these negotiations in the Spring of 1998, Robert <br /> Delaney of MCR informed the Division in April 1998 that the principals of MCR intended <br /> to form a limited liability company which would buy the remaining private land at the mine <br /> site. On information and belief, by June 22, 1998, Mr. Delaney had formed Midcon Realty, <br /> LLC and the Creditors' Trustee had sold the remaining land to Midcon Realty, LLC. <br /> 2 <br />