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b. Louis M. LaGiglia is the Creditors' Trustee ( "Trustee ") appointed pursuant <br />to the Creditors' Trust established by the Bankruptcy Plan of liquidation and is both a Defendant <br />and Third - Party Plaintiff. <br />c. MidCon Realty, LLC is a Colorado limited liability company ( "MidCon ") <br />that owns certain real property that is involved in part of the matters in dispute in this action and is <br />a Third -Party Plaintiff only. <br />3. Third -party Defendant. the State of Colorado. Department of Natural Resources. <br />Division of Minerals and Geology ( "Dv1G ", formerly the Mined Land Reclamation Division. <br />sometimes acting through the Mined Land Reclamation Board, "MRLB ", see Plan §§ 1.13 and <br />1.25. and C.R.S. § 34 -32 -105), is an agency of the State of Colorado charged with administration of <br />a mining permit issued to MCR pursuant to the Colorado Surface Coal Mining Reclamation Act. <br />id. §§ 34 -33 -101 -137. <br />CIVIL No. 97 cv 131 -3 <br />ORIGINAL ACTION <br />4. Plaintiffs commenced this action asserting four claims for relief, declaratory relief <br />(Complaint ¶¶ 28 -30), damages for alleged breach of the Bankruptcy Court's Liquidation Plan (id. <br />¶(11 31 -34 p. 4), an accounting (id. ¶¶ 34 -38 pp. 4 -5), and equitable relief (id. IT 39 -46 p. 5) all in <br />connection with allegedly unpaid assessments for ad valorem taxes. <br />5. All issues between Plaintiffs and MCR and the Trustee have been settled by <br />stipulation approved by Court Order and by summary judgment. <br />BACKGROUND <br />6. MCR began underground coal mine operations in Coal Basin, four miles west of <br />the Village of Redstone, in 1956. The operation was continuous thereafter until 1991. MCR owned <br />real property and operated as many as five underground coal mines and a coal preparation plant in <br />Coal Basin. Coal mined and cleaned in Coal Basin was hauled by truck to the Carbondale, <br />Colorado Coal Load Out and shipped by rail to MCR customers. <br />7. MCR ceased all mining operations on January 25, 1991. Except for skeleton <br />maintenance and patrolling crews -- "mothballing" personnel -- all mining personnel were <br />terminated. <br />8. Following shutdown of mining operations, MCR began efforts to sell its Coal <br />Basin mining operation, including real and personal property used in connection with its <br />underground coal mining operation. <br />MIDCON REALTY, LLC's <br />THIRD -PARTY COMPLAINT <br />