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b. The Division admits that Louis LaGiglia is the Creditors' Trustee appointed <br />under the liquidation plan and that he is both a Defendant and Third -Party Plaintiff. <br />c. The Division is without sufficient knowledge or information regarding the truth <br />or veracity of the allegations in paragraph 2(c) and therefore denies the same except that the <br />Division admits that MidCon Realty, LLC is a Third -Party Plaintiff. <br />3. The Division admits that, in conjunction with the Mined Land Reclamation Board, <br />it administers the Colorado Surface Coal Mining Reclamation Act and states that the Act <br />speaks for itself. <br />ORIGINAL ACTION <br />4. The Division admits that the Plaintiffs commenced this action and states that the <br />Plaintiffs' complaint speaks for itself. <br />5. The Division admits that certain issues between MCR, the Creditors' Trustee and <br />the Plaintiffs have been resolved by stipulation and summary judgment but states that other <br />issues between these parties are still pending in conjunction with the Amended Third -Party <br />Complaint and MidCon Realty, LLC's Third -Party Complaint. <br />BACKGROUND <br />6. The Division is without sufficient information or knowledge regarding the truth or <br />veracity of the allegations of paragraph 6 and therefore denies the same, except the Division <br />admits that MCR operated an underground coal mine in Coal Basin. <br />7. The Division is without sufficient information or knowledge regarding the truth or <br />veracity of the allegations contained in paragraph 7 and therefore denies the same. <br />8. The Division admits the allegations of paragraph 8. <br />MCR BANKRUPTCY FILING <br />9 and 10. The Division admits that MCR filed a petition in bankruptcy on February <br />12, 1992, and that the Division was a creditor and a party in interest in the bankruptcy <br />proceeding, and states that the petition speaks for itself. <br />11 -13. There are no paragraphs numbered 11, 12 or 13 in MidCon Realty, LLC's <br />Third -Party Complaint. Therefore, no responsive pleading is required. <br />2 <br />