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42. The Division is without sufficient knowledge or information regarding the truth <br />or veracity of the allegations in paragraph 42 and therefore denies the same, except that the <br />Division admits that MCR operated the Coal Load Out and that the Coal Load Out was <br />included under MCR's permit. <br />43. The Division is without sufficient knowledge or information regarding the truth <br />or veracity of the allegations in paragraph 43 and therefore denies the same. <br />44. The Division is without sufficient knowledge or information to form a belief as to <br />the truth or veracity of the allegation that "MidCon requires written acknowledgement from <br />DMG that reclamation is complete and that DMG will assert no rights in the Coal Load Out <br />in order for the property to be marketable," and therefore denies the same. To the extent that <br />the allegations in paragraph 44 incorporate legal argument, no denial or admission is <br />required. <br />45. As to the allegations in paragraph 45, the Division admits it has not issued any <br />documentation to MidCon Realty, LLC and states that it is not required to issue any <br />documentation to MidCon Realty, LLC. The Division further states that in paragraph 43 of <br />its Third -Party Complaint, MidCon Realty, LLC states it is still in the process of completing <br />reclamation on the Coal Load Out. <br />46. The Division is without sufficient knowledge or information regarding the truth <br />or veracity of the allegations in paragraph 46 and therefore denies the same. <br />47. Paragraph 47 contains allegations of law to which no responsive pleading is <br />required. <br />48. The Division denies the allegations of paragraph 48 and incorporates its answer to <br />paragraph 45. <br />49. Except as otherwise specifically admitted herein, the Division denies each and <br />every allegation in the MidCon Realty, LLC's Third -Party Complaint. <br />AFFIRMATIVE DEFENSES <br />50. MidCon Realty, LLC's Third -Party Complaint fails in whole or part to state a <br />claim upon which relief can be granted. <br />51. MidCon Realty, LLC's Third -Party Complaint is barred in whole or in part by <br />waiver, estoppel, unclean hands, and /or laches. <br />6 <br />