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44. Once reclamation is complete, MidCon requires written acknowledgement from <br />DMG that reclamation is complete and that DMG will assert no rights in the Coal Load Out in <br />order for the property to be marketable. <br />45. DMG has not issued any documentation to MidCon stating that DMG is satisfied <br />with reclamation work on the Coal Load Out and that DMG will assert no rights in the property. <br />46. Without written acknowledgement that DMG claims no rights in the Coal Load <br />Out. MidCon will suffer injury because its property will not be marketable. <br />47. Under C.R.Civ.P. 57, this Court has the power to declare the rights and interests of <br />MidCon and DMG in the Coal Load Out. <br />43. Upon completion of the reclamation of the Coal Load Out, this Court should <br />declare that DMG has no right, title or interest in the Coal Load Out. <br />WHEREFORE, MidCon Realty, LLC hereby requests the following relief: <br />Civil_ No. 97CV 131 -3 <br />a. An injunction restraining DMG from destroying the Improvements identified in <br />paragraph 25 above; <br />b. Damages for DMG's breach of contract in not performing reclamation work <br />pursuant to the Reclamation Plan; <br />c. Specific performance requiring DMG to adequately perform the Reclamation <br />Plan in the future; <br />d. A declaration that DMG has no further rights in the Coal Load Out; <br />e. Attorneys' fees, costs and interest; <br />f. Such other relief as the Court deems just. <br />-7- <br />MIDCON REALTY, LLC's <br />THIRD -PARTY COMPLAINT <br />