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3. The Division admits that, in conjunction with the Mined Land Reclamation Board. <br /> it administers the Colorado Surface Coal Mining Reclamation Act and states that the Act <br /> speaks for itself. <br /> ORIGINAL ACTION <br /> 4. The Division admits that the Plaintiffs commenced this action and states that the <br /> Plaintiffs' complaint speaks for itself. <br /> 5. The Division admits that MCR and Louis LaGiglia have responded to the <br /> Plaintiffs' complaint and states that their Amended Answer and Counterclaims speaks for <br /> itself. <br /> BACKGROUND <br /> 6. The Division is without sufficient information and knowledge regarding the truth <br /> or accuracy of the allegations of paragraph 6 and therefore denies the same, except the <br /> Division admits that MCR operated an underground coal mine in Coal Basin. <br /> 7. The Division is without sufficient information and knowledge regarding the truth <br /> or accuracy of the allegations contained in paragraph 7 and therefore denies the same. <br /> 8. The Division admits the allegations of paragraph 8. <br /> MCR BANKRUPTCY FILING <br /> 9 and 10. The Division admits that MCR filed a petition in bankruptcy on February <br /> 12, 1992, and that the Division was a creditor and a party in interest in the bankruptcy <br /> proceeding, and states that the petition speaks for itself. <br /> M&E/KING CONTRACT <br /> 11. The Division admits that MCR petitioned the bankruptcy court for authority to <br /> employ Machinery and Equipment Co., Inc., and states that the motion speaks for itself. <br /> 12. The Division admits that the motion to employ M&E was supplemented by a <br /> subsequent motion and, as to the rest of the allegations in paragraph 12. states that it is <br /> without sufficient information and knowledge regarding the truth or accuracy of the <br /> allegations and therefore denies the same. <br /> 2 <br />