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JAN-22-1997 10: 18 3039633259 P.01 <br /> MID-CONTINENT RESOURCES, INC. <br /> f.O. Box 1298 <br /> Glenwood Springs, CO 81602 <br /> FOR IMMEDIATE RELEASE <br /> .January 21, 1997 � 10 y' <br /> The Colorado Court of Appeals has dismissed an appeal by the Colorado <br /> Division of Minerals and Geology, thus affirming District Judge William Jones' <br /> order of Summary Judgment dismissing the Division's suit against Mid-Continent <br /> Minerals, Inc., John Reeves, Robert Delaney and Diane Delaney- <br /> At issue in the lawsuit was the funding of reclamation of the Mid-Continent <br /> Resources' Coal Basin mine site. Reclamation of the site has gone forward, <br /> financed through sales by Mid-Continent of the company's assets, throughout <br /> the time in which the lawsuit was pending. Completion of reclamation is <br /> expected by 19%. <br /> The defendants contended, successfully, that the litigation was unnecessary and <br /> counter productive to reclamation of the site. Mid-Continent obtained is <br /> bankruptcy court order in April, 1994, which applies the largest share of the <br /> proceeds of liquidation to funding reclamation, up to the $3 million requested by <br /> the Division. Under the provisions of the plan, $1.5 million has been paid to the <br /> Division by the bankruptcy trustee to perform reclamation work- To date, the <br /> combined total of cash paid, together with the value of salvage and other <br /> reclamation work done previously by Mid-Continent, is estimated to be in excess <br /> of$2 million. <br /> The trial Court found, after a hearing in March, 1995, that the defendants had not <br /> violated Division orders, that reclamation was proceeding, funding was available <br /> through the bankruptcy plan, and the mine site did not pose a danger to the <br /> health, safety or welfare of the public. Further, Judge Jones ruled that the <br /> Division was estopped from seeking funds in excess of the $3 million. <br /> In its appeal, the Division contested only the finding that it was estopped from <br /> seeking addiitional funds. The Court of Appeals heard oral arguments on <br /> December 10, 1999. The appellate court decision, written by ,fudge Kapelke, <br /> with ,fudges Jones and Rothenberg concurring, dismissed the appeal as moot_ <br /> The Division has made no request for rehearing on the decision, which became <br /> final January 13, 1997. <br /> Diane Delaney <br /> Mid-Gontinert Resources, Inc. <br /> (303) 733-9240 <br /> u <br /> .&AA TOTAL P.01 <br />