1998-09-21_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 9/21/1998
• Doc Name: Fax, amended 3rd party complaint & certificate of services
• From: Burns, Figa & Will, P.C.
• To: Cheryl Linden
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

09/21/98 14:45 FAX [phone] BL>RNS FIGA & WILL O11/012
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56. One of the terms of that permit requires MCR to maintain settling ponds known r"
as the 001 Ponds near Coal Creek. I'
57. In the summer of 1998, DMG is commencing a project knoxvn- as the
"Hunttman Project" which will likely cause extensive sedimentation of the 001 Ponds.
58. MCR is uncertain as to its rights, status or potential liabilities for cleaning the
001 Ponds of sediment caused by DMG's actions in pursuing the Huntsman Project" r
WHERE FORE, MCR and Creditors'Trustee hereby request the following relief.
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a. An aceountino for Creditors' trust funds received, paid out, on hand and
anticipated to be paid out and an order for DMG's full and complete compliance
with the Plan;
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b" Judgment in favor of MCR and Creditor's Trustee on DMG's breach of contract
with respect to attempted re-vegetation of steep slopes in an amount to be
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proven at trial;
C. Judgement in favor of MCR and Creditors' Trustee and against DMG for breach
of contract for requiring areas to be re-vegetated more than once in an amount to
be proven at trial;
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d. A restraining order against DMG from destroying the improvements identified k
in T48 above;- <<
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e. A declaratory judgment as to the rights, responsibilities and liabilities of MCR "
with respect to the 001 Ponds for sedimentation caused by DMG's pursuit of the
Huntsman Project;
f. Interest, attorneys'fees and costs;
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Cr. Such other relief as the Court deems just.
DATED this 21st day of September, 1998.
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AMENDED
-9- I
Civtt.No.91 CV 131-3 THIRD-PARTY COMPLAINT l`