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4 <br /> <br />W>S HiN GTO N,O G OFFICE <br />SUITE 1200 <br />IO TS ETE STREET, N W. <br />W<S HI:IGTO N,D C. 20006 <br />TELEPHONE (2021466-'/JAG <br />T E•_EOOPIER (202)a66-T JSa <br />MONTA N4 OFFICE <br />SUITE IA00 <br />IT5 NORTH 2TTH STREET <br />BI~LIN GS, HONTANP 50101 <br />TELEPHONE (A061 25 2-2180 <br />TELECO PIER (9061 25 2-166 9 <br />BRITTON WHIT E,JR. <br />(]031295-B13T <br />HOLLAND ~ HA13T <br />ATTORNEYS AT LAW <br />SUITE 2900 <br />555 SEVENTEE NIH STREET <br />D ENVER,COLO RADO <br />MAILING ADDRESS <br />P.O BOX BJC9 <br />O E N V ER, C OLO itAOO 80201 <br />TELEPHONE IJO ]1295 8000 <br />TELECO PIER f; 031295-8261 <br />Tw% 910-9 JI-0568 <br />CABLE HO Ln1A RT <br />February 24, 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, 3rd Floor <br />Denver, Colorado 80203 <br />RE: Mining Permit - Coal No. <br />December 13, 1982, issued <br />ing, Inc. <br />Dear Bob: <br />~J <br />ASPEN OFFICE <br />600 EAST MAIry STREET <br />ASPEN. CO LO R400 01611 <br />TELEPHONE I]O J1925 ]<TO <br />VR OMING DFFICE <br />SUITE 500 <br />2020 CAREV AV ErvUE <br />C NEYENN E,WYO WING 82001 <br />TELEPHONE 130 T16J2~21B0 <br />TELE00 PIER OOTI »B~BnS <br />5. E.O ENVER OFFICE <br />SUITE 1250 <br />TBB9 EAST Of LLEVIEW AVENUE <br />ENGLEW000, CO:O RnCO BOIII <br />TELEPHONE (J OJI TAr 1220 <br />HAND DELIVERY <br />C-048-81, dated <br />to Trinidad Basin 61in- <br />I have enclosed a copy of a letter which came into our <br />possession only yesterday, incidentially, not as a result of <br />production by defendznts in the pending litigation. This let- <br />ter, dated September 8, 1983, is from Donald 0. Bausch of West- <br />ern Nuclear/Phelps Dodge to Vance i~iills, President of the per- <br />mittee under the referenced Mining Permit. As you can see from <br />paragraph 2 of the enclosure, my client and I are not alone in <br />concluding that the lease appliczble to Section 15 expired at <br />the end of its fixed five-yaar term. Our conclusion has been <br />independently confirmed by representatives of Phelps Dodge, who <br />I'm sure you will concur have considerable experience in such <br />matters. <br />The enclosed letter also demonstrates that tor. Mills, by <br />virtue of participating in several telephone calls with Western <br />Nuclear representatives, was well aware that the ].ease had <br />expired and even participated in efforts to secure a renewal or <br />extension from my client. He was also aware that my client had <br />declined to renew the lease and was actively considering leas- <br />ing the property to an undisclosed. third party. Soon there- <br />after, my client did in fact lease the Section 15 procerties to <br />that third party, only to have tor. Mills then raise, for the <br />first time, spurious arguments relating to oral permission and <br />holdover tenancy, while refusing to vacate the pr~rnises and <br />unlawfully continuing to mine Victor-American's coal. <br /> <br />