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_- _. '. <br />sss <br />DISTRICT COURT, COUNTY OF BOULDER, COLORADO <br />Civil Action No. 94CV1470-3 <br />AFFIDAVIT OF JOHN R. HENDERSON <br />DURANGO METALS, INC., a Nevada Corporation, and <br />THAMES E. HARTLEY, <br />Plaintiffs, <br />vs. <br />CHARLES R. RUGG, <br />Defendant. <br />STATE OF COLORADO <br />COUNTY OF BOULDER <br />4,c^ <br />O~~i . °1' ~~/ <br />°~~ <br />io~o/ 7 ~~ <br />"~.,,F 1996 <br />as. <br />4 <br />~~ L <br />~4,, <br />I, John R. Henderson, being first duly sworn state as follows: <br />1. I am aware of information indicating that the Plaintiffs <br />have actively concealed from the Defendant the shipment of and <br />payment for high-grade gold concentrates which originated from <br />the Mogul Mine; and that this information was in no fashion <br />accounted for or revealed in discovery by the Plaintiffs. <br />Defendant's discovery requests to the Plaintiffs have previously <br />been filed with the Court pursuant to the Defendant's Motion to <br />Compel filed August 31, 1995; see Interrogatories Nos. 33 to 39. <br />2. The information indicating the Plaintiffs' active <br />concealment is as follows: <br />a. Fragmentary data provided by Plaintiffs in November of <br />1994 states that at that time they had milled 392 tons of ore, at <br />a concentration ratio of 19.1 to 1. See Attachment A. This <br />would have yielded under ordinary circumstances 20.52 tons of <br />concentrates, of which Plaintiffs have accounted for 13 as being <br />delivered by them to the Asarco Smelter in Helena, Montana. See <br />Attachment B. Thus, approximately 8 tons of concentrate are <br />unaccounted for. <br />b. These approximately 8 tons of high-grade gold ~ <br />concentrates were apparently delivered to previously unidentified <br />hydrometallurgical smelter in metro Denver known as United <br />Minerals, and there processed into gold. <br />