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J NT BY~VRANESH & RAISCH .7-14-95 3~33PM ~ 3034~536y <br />VRANESH wNO RAISCH, LLC <br /> wTTORNETO AT LAW <br />J[MY w. NAIBCN IT SO I{LI sTRLLT, suITL 200 <br />JOHN A. NLN OLPGOM <br />NIC NAEL O. aNINNIN P• O. aOK •7I <br />LUOLN[J. 1110POAN GOULDER, COLO RA00 e0306-0671 <br />PAUL J. it LIG <br />OOUOLAa A. OOULOINO T[L[PHOM[ a0a/Af}Olsl <br /> rLLLCO PILR aoa/A~aoass <br />July 14, 1995 <br />Mr. Carl Mount <br />Division o! Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />303 832 A106~# 2 <br />OLOSOC VMNL7N IsRls [DI <br />rNONAa N011NIa <br />Re: COM, Inc. Latter and Fax of December 16, 1994 <br />Dear Mr. Mount: <br />I am hereby requesting a copy oP the fax and latter from COM, <br />Inc. dated the 16th day of December, 1994 changing CoM, Inc.'s <br />negotiating agent from J. Wayne Tatman to Thames Hartley. This <br />document is referenced in Factual Finding 3 (c) of the NOV and <br />Cease and Desist dated February 1st, 1994 (M-95-OS) in File M-83- <br />141. <br />This is all very confusing, as on December 15, 1994, COM, Inc. <br />ostensibly executed a tarmj.nation letter severing its contractual <br />ties with Mr. Hartley'e corporation, Durango Metals. This termina- <br />tion letter was immediately rushed to Mr. Hartley by hand delivery <br />so that his lawyers could attach it to a Complaint footer dated <br />Unfortunately, the Complaint was not directed at COM, Inc. or <br />Mr. Tatman for hie dead, but at a third party, Binx Ruqq, age 76, <br />of Eldora, whom Durango blamed for the loss of its $5 million <br />investment contract with COM, Inc. The investment contract had <br />been executed by Mr. Tatman on behalf of COM only six days <br />befora...tha parties were in .such a hurry to seize the investment <br />opportunity that the typos in the agreement ("Joint Venture <br />Agreement to Construct and Operate a Mine and Mill") were not even <br />COrreCted. E <br />It seems that just two days before the executi0kl fib! t21e <br />venture agreement, Boulder County had affirmed a zoning fl~cision <br />denying COM thn ability to mill Eldora ores in Gold Hill. This <br />setback apparently inspired the parties. to move quickly to afresh <br />investment commitment. <br />