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' Yw <br /> 56. One of the terms of that permit requires MCR to maintain settling ponds known as <br /> the 001 Ponds near Coal Creek. <br /> 57. In the summer of 1998, DMG is commencing a project known as the "Hunstman <br /> Project" which will likely cause extensive sedimentation of the 001 Ponds. <br /> 58. MCR is uncertain as to its rights, status or potential liabilities for cleaning the 001 <br /> Ponds of sediment caused by DMG's actions in pursuing the Huntsman Project. <br /> WHEREFORE,MCR and Creditors'Trustee hereby request the following relief: <br /> a. An accounting for Creditors'trust funds received, paid out, on hand and anticipated <br /> to be paid out and an order for DMG's full and complete compliance with the Plan; <br /> b. Judgment in favor of MCR and Creditor's Trustee on DMG's breach of contract <br /> with respect to attempted re-vegetation of steep slopes in an amount to be proven <br /> at trial; <br /> C. Judgement in favor of MCR and Creditors'Trustee and against DMG for breach of <br /> contract for requiring areas to be re-vegetated more than once in an amount to be <br /> proven at trial; <br /> d. A restraining order against DMG from destroying the improvements identified in <br /> T48 above; <br /> C. A declaratory judgment as to the rights, responsibilities and liabilities of MCR with <br /> respect to the 001 Ponds for sedimentation caused by DMG's pursuit of the <br /> Huntsman Project; <br /> f. Interest, attorneys'fees and costs; <br /> g. Such other relief as the Court deems just. <br /> DATED this 12t'day of August, 1998. <br /> AMENDED <br /> -9- <br /> CtVIL No. 97 CV 131-3 THIRD-PARTY CON PLAINT <br />