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 14:44 FAX [phone] BURS FIGA & WILL Z 009/012
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THIRD CLAIM FOR RELIEF
(Breach of Contract for Re-Revegetation)
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5. MCR and Creditors' Trustee hereby incorporate all previous averments as set forth
in fall.
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36. As part of its reclamation activities, DMG has reclaimed and re-vegetated certain
benches and roads that provide access to some of the mine portals in Coal Basin.
37. DMG has caused and in the future will cause work to be done on and near mine
portal areas accessed by the re-vegetated roads which will require significant motorized vehicle k r r'
traffic over the re-vegetated roads such that once the work is completed, the roads will have to be
reclaimed and re-vegetated a second time_
39. No where in the Reclamation Plan is there authority for re-disturbing and re-
ve2etating roads for a second time.
39. DMG has breached the Liquidation Plan contract by taking actions to spend
reclamation funds for activities not authorized in the Reclamation Plan. r
40. MCR and Creditors' Trustee have been damaged by the actions of DMG because
less money will be available to pay residual claims under Section 4.3.5 of the Liquidation Plan.
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The amount of damages will be proven at trial.
FOURTH CLAIM FOR RELIEF
(Breach of Duty of Good Faith and Fair Dealing
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41. MCR and Creditors'Trustee hereby incorporate all previous averments as set forth F
in full. �.
42. All contracts entered into within the state of Colorado contain an implied covenant
of good faith and fair dealing.
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43. DMG's reclamation activities in Coal Basin since 1994 have been carried out in a r
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manner that has incurred expenses far in excess of what is reasonable, k:
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44. DMG has wasted money by, among other things, engaging in experimental steep
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slope vegetation attempts and re-vegetating areas more than once as detailed above. In addition,
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DG has accepted bids far higher than are reasonable for the work performed.
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AMENDED
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CwtL No.97 CV 131-3 - THIRD-PARTY COMPLAINT �.
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