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IRELAND, STAPLETON, PRYOR & PASCOE, P. C. <br />1 <br />MONTE PASCOE <br />SUITE 2600 <br />16]5 BROADWAY TELEPHONE 303 623-2J00 <br />DENVE R,COLO RADO 80202 TELECO PIER 303 623-2o 6z <br />February 22, 1984 <br />Mr. Robert A. Hykan <br />Assistant Attorney General <br />Natural Resources Section <br />State of Colorado <br />Office of the Attorney General <br />1525 Sherman Street, Third Floor <br />Denver, Colorado 80203 <br />Dear Bob: <br />Thank you for sending on to me copies of the <br />letters of January 13, 1984 and February 2, 1984 from <br />Britton White to Dave Shelton. <br />Without getting into an extended presentation <br />about some hotly litigated issues, several comments are <br />appropriate: <br />1. In November, Mr. White's client, Victor- <br />American Fuel Company, sued our client, Trinidad Basin <br />Mining, Inc., and Alvin Wiggins and others. The trial is <br />set for a three-week period beginning July 9. The status <br />conference is set for June 6 and a settlement conference is <br />set for March 21. There has been extensive discovery which <br />is not yet completed. Defendants vigorously assert that <br />they are lawfully mining coal and Victor-American that they <br />are not. <br />2. For reasons that I cannot fully understand, a <br />major point is made in correspondence with MLRD about the <br />Drummond option. That option was recorded in May, 1982, <br />well after the correspondence between Trinidad Basin and the <br />Mined Land Reclamation Division and it expired November 5, <br />1982, well before the permit issued. The option also <br />excepts the Wiggins leases and contains numerous protections <br />for any failure of Victor-American to provide marketable <br />title. <br />3. Mr. White asserts that somehow Trinidad Basin <br />has made an issue over the permit and only for that reason <br />must he consider action against MLRD. That is nonsense. <br />