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which is to be determined according to the amounts for such work set forth in the reclamation <br /> bond. § 4.3.2 of the Liquidation Plan. <br /> The Liquidation Plan is funded by sales of Mid-Continent Resources property by the <br /> Creditors' Trustee. §§ 6.2.5 and 6.3. The proceeds from the sales are distributed pursuant to the <br /> priority provided in the plan. § 6.3. Specifically as to funds to be used for reclamation,the <br /> Liquidation Plan states as follows: <br /> To the extent that funds to be provided to the [Mined Land <br /> Reclamation Board] pursuant to Sections 4.3.2, 6.3.2, and 6.3.4, of <br /> the Plan are available, such funds shall be distributed so as to <br /> permit the timely performance of the Reclamation Plan according <br /> to any reclamation schedule negotiated prospectively among the <br /> Debtor, the DMG, and the MLRB. <br /> § 4.3.2 of the plan. <br /> The Liquidation Plan defines "Reclamation Plan" as"the Debtor's reclamation plan for <br /> the Mine Site submitted pursuant to the Colorado Surface Coal Mining Reclamation Act, C.R.S. <br /> Title 34, Article 33, as approved by the MLRB in permit C-81-017 and governed by the terms of <br /> that Act." § 1.32 of the plan. <br /> The Liquidation Plan does not set forth the specific terms of the reclamation plan required <br /> by Mid-Continent Resources's permit or by the Reclamation Act, nor does the Liquidation Plan <br /> state that it"incorporates"the specific terms of any reclamation plan. To the best of undersigned <br /> counsel's knowledge, the reclamation plan pertaining to the Coal Basin mine site was never <br /> submitted to the bankruptcy court. Accordingly, the bankruptcy court neither saw nor approved <br /> any reclamation plan in conjunction with confirmation of the Liquidation Plan. <br /> Despite these facts, the Third-Party Plaintiffs Mid-Continent Resources and Creditors' <br /> Trustee (collectively referred to as "MCR"), allege in the Amended Third-Party Complaint that <br />