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• ~~i ii~iiiiiniii iii • IRELAND, STA PLETO N, PRYOR & PASCO E, P. C, SUIiE 2600 M ONTE PA SLOE 16J5 BROADWAY DENVE R,COLORADO 80202 TELEPHONE 303 623-2]00 TELECOPIER 303 623-2062 February 22, 1984 RECEIVED Mr. Robert A. Hykan Assistant Attorney General Natural Resources Section State of Colorado Office of the Attorney General 1525 Sherman Street, Third Floor Denver, Colorado 80203 Dear Bob: Thank you for sending on to me copies of the letters of January 13, 1984 and February 2, 1984 from Britton White to Dave Shelton. Without getting into an extended presentation about some hotly litigated issues, several comments are appropriate: 1. In November, Mr. White's client, Victor- American Fuel Company, sued our client, Trinidad Basin Mining, Inc., and Alvin Wiggins and others. The trial is set for a three-week period beginning July 9. The status conference is set for June 6 and a settlement conference is set for March 21. There has been extensive discovery which is not yet completed. Defendants vigorously assert that they are lawfully mining coal and Victor-American that they are not. 2. For reasons that I cannot fully understand, a major point is made in correspondence with MLRD about the Drummond option. That option was recorded in May, 1982, well after the correspondence between Trinidad Basin and the Mined Land Reclamation Division and it expired November 5, 1982, well before the permit issued. The option also excepts the Wiggins leases and contains numerous protections for any failure of Victor-American to provide marketable title. FEB 231984 MINED LAND RECLAMATION DIVISION Colo. Dept of Natural Resources 3. Mr. White asserts that somehow Trinidad Basin has made an issue over the permit and only for that reason must he consider action against [dLRD. That is nonsense.