1999-04-05_GENERAL DOCUMENTS - C1981017

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04/05/99 17:22 FAX 3037962777 BURNS FIGA & WILL a004 J. MCR incorporates each and every foregoing objection into each interrogatory or request for production separately responded to below. INTERROGATORIES INTERROGATORY NO. 1: Identify each person who has participated, assisted or was consulted with in answering or responding to or preparing the answers or responses to these discovery requests. and indicate the specific answer or response on which the person participated, assisted or was consulted with. ANSWER NO. 1: Robert Delaney, Diane Delaney, Mike Savage and Geoffrey Anderson as to each response. Greg Lewicki as to Interrogatories No. 7, 10, 14, 16, 19, 21 and 26. INTERROGATORY NO. 2: In paragraphs 18 and 21 of the Amended Third -Party Complaint, MCR and the Creditors' Trustee allege that MCR and/or M &E performed reclamation and/or "remedial" work in 1992 and subsequent summer work seasons at the Coal Basin mine site State the factual and/or legal basis for these allegations. Include in your response each reclamation and remedial task accomplished by MCR, its agents and/or its contractors including M &E and Pitkin Iron, with an explanation of the difference, if any, of the terms "reclamation" and "remedial" work, the date of accomplishment of each task, the acreage reclaimed and/or remediated, the success of any revegetation done, the cost of performing each reclamation and/or remedial task, the machinery used in performing each task, and the credit MCR and/or the Trustee is taking or intends to take against reclamation funds for each task as such credit is allowed under the terms of the liquidation plan_ ANSWER NO. 2: Objection to compound and multi -sub part nature of the question. These issues were thoroughly investigated, described and litigated in DMG's objection to the application of Pitkin Iron Corporation for allowance of administrative claim in the bankruptcy of Mid - Continent Resources, U.S. Bankruptcy Court for the District of Colorado, Bankruptcy Case No_ 92 11658 PAC. See all documents that were filed by Pitkin Iron in that matter, as well as the motions and orders on authorization to use cash collateral in that bankruptcy case. See also Pitkin Iron's list of exhibits and witnesses filed with the bankruptcy court on January 2, 1996, the direct testimony of Greg Lewicki, Lou LaGiglia, Robert Delaney and Diane Delaney filed on December 29, 1995, and the supplemental direct testimony of Mr. LaGiglia filed on January 2, 1996. See letter from Greg Lewicki to Diane Delaney dated January 7, 1994, a copy of which is already in DMG's possession_ See also inspection reports of the Division of Minerals and Geology for the years 1992, 1993 and 1994; Division of Minerals and Geology Notices of Violation and Termination; Technical and Minor Revisions approved by the Division of Minerals and Geology; Steve Renner's affidavit, paragraph 10, dated March 20, 1995. Also, Mike Savages' photographic record of work completed through 1995, prior to DMG performing on - site work. 3