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25. Defendants have requested DMG account for Creditors' Trust funds provided it, <br /> state the amount of Creditors' Trust monies on hand, and state what Creditors' Trust funded <br /> reclamation work, if any, remains to be done in Coal Basin. DMG has provided information in <br /> response to Defendants' request for an accounting, but the information lacks sufficient detail for <br /> Defendants to determine the true status of funding and reclamation. <br /> 26. The Bankruptcy Liquidation Plan mandates development of a Reclamation Plan <br /> schedule to be negotiated among the "Debtor [MCR], the DMG, and the MLRB." (Plan § 4.3.4.) <br /> Despite repeated requests on behalf of MCR, DMG has neglected and refused to negotiate a <br /> "schedule" to achieve"completion of principal reclamation activity at the Mine Site prior to December <br /> 1, 1996" as required by the Bankruptcy Liquidation Plan, id. <br /> SECOND CLAIM FOR RELIEF <br /> (Breach of Contract Steep Slope Vegetation) <br /> 27. MCR and the Creditors' Trustee hereby incorporate all previous averments as if set <br /> forth in full. <br /> 28. DMG's mine reclamation activity in Coal Basin and near Carbondale, Colorado, is <br /> expressly subject to the provisions of the Liquidation Plan which incorporates the Reclamation Plan. <br /> 29. In carrying out the reclamation activities under the Reclamation Plan, DMG is acting <br /> pursuant to a contract entered into by, among others, DMG, MCR and MCR's creditors who are all <br /> parties to and bound by the Liquidation Plan, which was approved by the Bankruptcy Court. <br /> 30. As part of its reclamation activity, DMG has spent and has proposed spending <br /> substantial sums from the reclamation fund for steep slope re-vegetation. <br /> 31. The Reclamation Plan no where calls for, allows or authorizes such steep slope re- <br /> vegetation efforts as have been carried out and are contemplated by DMG. The DMG spent at least <br /> $72,260.00 in 1997 for steep slope re-vegetation and has recently taken bids for additional steep slope <br /> re-vegetation to be performed in 1998. <br /> 32. The steep slope re-vegetation is experimental and the 1997 steep slope re-vegetation <br /> has been a failure. <br /> 33. By expending reclamation funds on steep slope re-vegetation, DMG has breached the <br /> contract it entered into as part of the Bankruptcy Liquidation Plan. <br /> 34. MCR and the Creditors' Trustee have been damaged by the actions of DMG because <br /> less money will be available for payment of residual claims pursuant to Plan Section 4.3.5. The amount <br /> of damages will be proven at trial. <br /> AMENDED <br /> -6- <br /> CfVU-No. 97 CV 131-3 T M D-PARTY CONTLAIN F <br />