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COUNTERCLAIM <br /> (Accounting by Creditors' Trustee and\or MCR) <br /> 1. In the original Third-Party Complaint, the Third-Party Plaintiffs alleged in <br /> paragraph 31 that they had paid to the Division in cash or credits the sum of$2,384.112.81 <br /> pursuant to the liquidation plan. The Division denied this allegation. In the present <br /> Amended Third-Party Complaint, the Third-Party Plaintiffs have not made this allegation. <br /> However, in reports required by the liquidation plan, the Creditors' Trustee continues to <br /> claim the above amount against reclamation funds. <br /> 2. The amount of cash and credit that the Creditors' Trustee is entitled to take against <br /> reclamation funds under the liquidation plan will affect the amount of distribution the <br /> Division will receive under the plan. <br /> 3. As a secured creditor and as the entity procuring reclamation of the Coal Basin <br /> mine site with funds distributed pursuant to the liquidation plan, the Division has a vested <br /> interested in knowing the specific basis for the amount the Trustee is crediting against the <br /> reclamation fund. <br /> 4. The Division has requested information from the Trustee and MCR about the cash <br /> and credits but they have failed or refused to supply specific information about the cash and <br /> credits. <br /> 5. Therefore, the Division requests an accounting from the Creditors' Trustee and\or <br /> MCR which provides in full detail the basis for the cash and credits, if any, claimed by the <br /> Creditors' Trustee against reclamation funds, including but not limited to, the specific <br /> reclamation work for which credit is given, when that work occurred, under what legal <br /> authority that work occurred, and the cost to the Creditors' Trustee of such reclamation <br /> activity; the entity which performed the reclamation work; any payments of money made for <br /> reclamation work performed at the mine site; any payments of money made for attorneys fees <br /> in regard to the mine site or any litigation concerning the mine site; and the specific basis for <br /> any payment of money made or credit given which payment or credit is being taken against <br /> the reclamation fund. <br /> WHEREFORE, the Division of Minerals and Geology requests this Court to grant the <br /> relief requested in the Division's Counterclaim and to deny the relief requested in, or to <br /> dismiss, the amended claims of the Third-Party Plaintiffs and to enter judgment in favor of <br /> the Division, including costs and attorney fees and such other and further relief to which the <br /> Division may be entitled. <br /> 8 <br />