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AGO NAT. RES. SECTION Fax:3038663558 Feb 19 '98 12:56 P. 10 <br /> FEB-19r-98 16+ 19 €RDM=DSLANEY $ $ALCDH9 IB=B70945 J02 PAGE 3/6 <br /> Z_ DMG filed its r"ponst,shipped er a pederal Express on,February 13,19%, <br /> stating,inter dia: <br /> 1. In the Redtals,the Setkloaierxt Stipulatiton states under paragraph <br /> b that t),.Dd.dants'Tt&d-Parry Complaint"weks an acc,outdin for permit <br /> redamation work done on behalf of DMG,a jeeoWdtion of permit reclamation <br /> and remedial wMk performed by P&d.-Continent Resources} and its PL&N <br /> liquidator, and the J)MG's mnAning permit required reclamation work." <br /> Settlement Stipulation,page 2,Recitals pmgmph b- <br /> Z The Dlvtpm objects to this Language because the I7efen <br /> Third-party Complaint does not request an accOufthng for reclamation work <br /> done on bed of the Division or for a reoogxlition of.work dome by Mid- <br /> Contment Resowtft or the-PLAN Uquidator." <br /> 3_ In its third-patty couipIairit,MCR aUeges,"utter atia: <br /> 29. Con istontwiththeA+lMpermitbondingrequhtme'nt,thee£tect <br /> of the pL&N is to Kcap"cr seta uwd=um amount owed by the CreditoW Trust <br /> to DMG for Coal Basin mute pt4perty reclamation(up to$3,OOa OW,PLAN 9 <br /> 43S)based upon costs and value of redamation wo&performed by the State <br /> of Colorado_le (a)cash Proceeds{road the sale of the so-called gockdust plant <br /> and its real property(id.§4.3.2),(b)the value of the remedW work performed <br /> by M&E/Mng(id.§4.3.2(ii%and(c)the value of rezned1AVrecb=ati0n work <br /> performed by MCR(id.§4.3.2(iii))-funderswring added.] <br /> And,.the prayer for relief states, <br /> W10RUoRE and assuming tuts Court has jurisdictcn to order an <br /> ac=urtdn&and because of OMG's(a)refusal to ac cO t for Creditors''Trust <br /> ft..is provided it,(b)account for Creditors`Trust holds on hand,aid(c)state <br /> and/or aocou nt as to what Creditors'Trust fielded Mclamat Lcm work,if any, <br /> renjains to be done by It or its contractors,neither Creditors'Trustee nor MCA <br /> can fully or completely account,nt, that eds Court order DMG account for <br /> Creditors' Trust funds received, paid-out, on-hand, and anbcipated to be <br /> paid-out and order DMC's full and complete eornpliA=with the Pam;$his <br /> Gotut sho et ,a }�+�baee o4 Credi#or�Trust funds. if any. <br /> owing.D v0 to be paid before rid wzD7 m taxes and odw WerWitures as <br /> detetied in Defemknts' amendled third counterclaim (amended answer TS <br /> 141-143), and grant such other and fuurth= relief as to the Court aPpear5 <br /> proper.[Underscoring added.] <br /> 4. MCR's d*d-patty ompiaint seeks an accounting from DMG for its past And <br /> pTppoSed Coal Basin redamation ach vities.It also seeks recognition by the Court of PLAN <br /> &Mf atidrls imposed on DMG reclamation by the Bank u-ptcy Wort m its liquidation P[.P►M <br /> MCR REPLY To DMG FaWONM TO MCMON <br />