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•FROM:natural TO:DMG DEC 6, 1994 3:37PM #342 P.02 <br /> w <br /> RTON STATE OF COLORADO STATE SERVICES$UJIMING <br /> GALE A. NO 1525 Sherman street- 5th Floor <br /> Attorney Gcncfal RT <br /> DEPARTMENT OF LAW Denver <br /> STEPHON K. ERILLNBRACK Oyl-tC6 OF TK,.AWORNEY GENERAL FAX (303)966-5691 <br /> Chief Deputy Attorney General <br /> TIMOTHY M. Tya:dOVICH December 6, 1994 <br /> Solicitor General <br /> Robbin Lego <br /> Pendle-�on & Sabian, P.C. <br /> 303 East 17th Avenue <br /> Suite 1000 <br /> Denver, CO 80203 <br /> RE: ivision o Minerals and ae low y Reeves, et al. <br /> Dear Robbin: <br /> have received your response to my letter of November 22, <br /> I h � <br /> 1994, concerning your Open Records Act request. As stated in my <br /> letter, your record request seeks information concerning issues <br /> that are in lview yation in the our requestaasv efereneddiscoverycforcthe.reasonstate <br /> ase <br /> continues to <br /> provided in my previous letter. <br /> The case of PAODle v A.A.T. , 759 P•2d 853 (Colo. App. <br /> 1988) , upon which you rely only provides the procedures which <br /> must Le used to determine an Open Records •Act request. The case <br /> simply states that the court : n whit'►-. the underlying litigation <br /> is pending is not the appropriate forum in which to determine the <br /> records request. The Court in that case recognized that the <br /> issues concerning the records requesi. and the discoverability of <br /> evidence for use in litigation are two distinct issues. <br /> Thus, the records you seek could be withheld until a proper <br /> discovery request is made pursuant to the Colorado Rules of Civil <br /> 612 <br /> Procedure. a rtin 1 ' v. D st :t art, 199 Colo. 163 , <br /> P. 2d 1083 (1980) . However, in the spirit of cooperation, the <br /> Division will provide you with the o.:)portunity to review records <br /> in itv custody. <br /> The documents requested in paragraphs 1 and 2 of your letter <br /> concerning funds received by the Division under Mid-Continent <br /> Resources, Inc. 's liquidation plan along with records concerning <br /> the funding of the Division's Grand unction office can be <br /> reviewed at the Division of Minerals and Geology, 1313 Sherman <br /> Street, Room 2 ,ask Denver, <br /> DianaaHeyerOor•DeborahWednesday, <br /> December <br /> 7 , 19.4 . Please <br />