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:. • VRANESH ,nNO RAISCH, LLC • III III III 1111111 III ATTORNEYS AT LAW 999 JER RT W. RAI6CN 1120 I9Ta~ ST REET~ SUITE 200 GEORGE VRANCSM IRETIRE D) JOHN R. NENDERSON P. O. BO%fiTI THOMAS MORRIS M ICHACL O. 6HIMMIN EUGENE J. RIO RDAN BOULDER, COLORADO 80306-0071 PAUL J. 21 L16 OOUGLA6 A. GOULOING TELEPHONE 303/443-6161 TELECOPIER 303/493-9666 RECEIVED JUL 17 1995 July 14, 1995 Division of rUimerais ~ Geology Mr. Carl Mount Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: COM, Inc. Letter and Fax of December 16, 1994 Dear Mr. Mount: I am hereby requesting a copy of the fax and letter from COM, Inc. dated the 16th day of December, 1994 changing COM, Inc.'s negotiating agent from J. Wayne Tatman to Thames Hartley. This document is referenced in Factual Finding 3 (c) of the NOV and Cease and Desist dated February 1st, 1994 (M-95-O1) in File M-83- 141. This is all very confusing, as on December 15, 1994, COM, Inc. ostensibly executed a termination letter severing its contractual ties with Mr. Hartley's corporation, Durango Metals. This termina- tion letter was immediately rushed to Mr. Hartley by hand delivery so that his lawyers could attach it to a Complaint footer dated December 15. 1994. Unfortunately, the Complaint was not directed at COM, Inc. or Mr. Tatman for his deed, but at a third party, Binx Ruag, age 76, of Eldora, whom Durango blamed for the loss of its $5 million investment contract with COM, Inc. The investment contract had been executed by Mr. Tatman on behalf of COM only six days before...the parties were in such a hurry to seize the investment opportunity that the typos in the agreement ("Joint Venture Agreement to Construct and Operate a Mine and Mill") were not even corrected. It seems that just two days before the execution of the venture agreement, Boulder County had affirmed a zoning decision denying COM the ability to mill Eldora ores in Gold Hill. This setback apparently inspired the parties to move quickly to a fresh investment commitment.