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A <br />1047 S. FIRST STREET <br />P.O. BOX 196 <br />MONTROSE, CO 81402 <br />TEL: 303-249-3806 <br />FAX: 303-249-9661 <br />'Also AtlmMetl In Taxes <br />"ALm AtlmMetl in Loultlene entl Wyomlrq <br />Frank /. W row, Esq. <br />P.0. Bo 27 <br />Mon se, Colorado 81402 <br />Re: Abbott v. Guffey <br />Dear Frank: <br />June 21, 1994 <br />101 E. COLORADO AVE. p203 <br />P.O. BOX 2470 <br />TELLURIDE, CO 81435 <br />TEL: 303.728-4944 <br />FAX: 303-728-3474 <br />l am having a difficult time understanding your interpretation of the facts <br />regarding liability for reclamation. Please understand that at no rime, through and <br />including today, did Mr. and Mrs. Guffey agree to assume Abbott's responsibility or <br />liability for reclamation. It seems to me that it is time that Abbott understand who <br />prevailed in the litigation and start to assume the responsibility for her actions. She <br />caused the damage fo the property and she is responsible for cleaning it up or suffer <br />the consequences. <br />Again, l would urge you to contact the Mined Land Reclamation Division to <br />determine the extent of your client's liability. As l have stated before, your clients <br />agreed to indemnify the Guffeys in the event that the Guffeys incurred liability as a <br />resu/t of your clients actions. Also, as l have stated before, the State /s not looking <br />to the Guffeys but to Abbott. <br />The assumption stated in your June 16, 1994 letter relative to the Guffeys <br />closing down the operation by way of reclamation /s likewise erroneous. It is possible <br />that either Mr. Brill or another purchaser may elect to seek a transfer of the permit. <br />In that event the transferee will be required to post a bond in excess of S30,000.00. <br />if the operation is closed down then the actual reclamation will be required to take <br />place. At the time that we entered into the settlement agreement with Abbott we <br />had no idea that her operation had not been conducted in accordance with her own <br />reclamation plan. <br />To put it simply, neither the Guffeys nor Mr. Brill intend fo post the new bond <br />amount or pay for the unanticipated costs of reclamation necessitated by your clients <br />careless and negligent operation. <br />M <br /> <br />~ ~~ ~~ <br />ATTORNEYS AT LAW <br />J. DAVID REED' <br />STEPHANIE HEXIMER" <br />P/ease understand that Mr. and Mrs. Guffey are quite serious about this matter. <br />They will not allow Abbott to have reaped the benefits of the land and then be <br />expected to clean up her mess. Likewise, they will not allow Abbott's actions to <br />