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- iii iuiiiiiniii iii <br />..ION ES, MEIKLEJOHN, KEHL 6 LYONS, P. C <br />ATTORNEYS AT LAW <br />1625 BROADwnr <br />SUIT[ 1600 <br />DENVER,COLORADO 80202 <br />ALVIN J. MEIKLEJOH N, JR. <br />August 12, 1968 <br />Marilyn S. Chappell, Esq. <br />Assistant Attorney General <br />Natural Resources Section <br />Department of Law <br />State Services Building <br />1525 Sherman Street <br />Denver, CO 80203 <br />Re: Wyoming Fuel Company <br />Purgatoire River Fish ?{ill Incident <br />Your Letter Addressed to Duane Gall <br />Dear r4s. Chappell: <br />~~~~~~~~ <br />AUG 1~ 1988 <br />MINED L.ANU <br />RECLAMATION DI'JISION <br />TE LEPNONE (303) 693-8550 <br />TELECO PIER (303) 893-6506 <br />Mr. Duane Gall of this law firm has advised me of your telephone call and has <br />given me your August 4, 1988 letter addressed to him. <br />This law firm has been employed to advise 14`yoming Fuel Company (1VFC) as <br />to the "settlement offer" advanced to WFC by the Division of Wildlife (DO'.V) and the <br />Department of Health (DOH). To the end of being fully informed, it was appropriate to <br />review the decisions and disposition of similar proceedings made by DOH (both the <br />Division and the Executive Director or his designee) and the Commission. [a'e are not <br />counsel of record for WFC in this case. Mr. Gall did not ask for the files or records in <br />this proceeding. <br />Mr. Gall was instructed to go to the Department of Health and ask to see <br />decisions and penalty calculations made by either DOH or the Commission in similar <br />cases. He went to the counter at DOH and was advised by that person that he needed <br />help from someone more knowledgeable. At that point >14s. Marek came and asked what <br />Mr. Gall would like to see. She is the apparent custodian of the records. He explained to <br />P/is. Marek what he was looking for and she advised that within recent past there were <br />some four such decisions. She advised that he could review these files after privileged <br />material and work product had been deleted. This he was informed would take about <br />seven days. R4r. Gall was also asked to put his request in writing. He was about to do <br />this when your telephone call came followed in a day by your letter. <br />It should be emphasized that Mr. Gall did not ask to see any of the files in <br />connection with the present proceeding. The decisions and calculations in the other <br />cases which he asked to see are public records of the State of Colorado. This law firm <br />has on hundreds of occasions asked to see decisions or files maintained by public agencies <br />of this and other states, as well as the federal government. It will continue to do so. <br />