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04/08/99 10:13 FAX 3037962777 BURNS FIGA & WILL li�002 <br /> BURNS, FIGA b, WILL, P.C. <br /> ATTORNEYS AT LAW <br /> PLAZA TOWER, SUITE 1 030 <br /> 6400 SOUTH Ffc)OLERs GREEN CIRCLE <br /> ENGLEWOOD, COLORADO 601 1 1 <br /> GEOFFREY P. ANDERSON April 8, 1999 TELEPHONE: (303) 796-2e2Z <br /> FACSIMILE (303) 795-2777 <br /> D RE-r (303) 4 t 4-e989 <br /> VIA FACKMILE & FIRST CLASS MAIL: <br /> (303) 866-3558 <br /> Cheryl A. Linden, Esq. <br /> Office of the Attorney General <br /> Natural Resources Section <br /> 1525 Sherman Street, 5"' Floor <br /> Denver,CO 80203 <br /> Re: The Board of County Commissioners of Pitkin County, e1 al. v. Mid-Continent <br /> ,Resources, Inc., et al V. State of Colorado, et aL <br /> Pitkin County District Court Case No. 97-CV-131-3 <br /> Dear Cheryl: <br /> This letter is in response to your recent Motion to Dismiss and !four letter of April 5, <br /> 1999 regarding discovery. <br /> Motion to Dismiss <br /> I think you should immediately withdraw your Motion to Dismiss because it is a <br /> frivolous pleading and in violation of C.R.Civ.P_ 11. Your Motion misconstrues the law that it <br /> cites and ignores other dis ositive law. For example, a key case in your argument is Paul v. <br /> Monts, 906 F.2d 1468 (10 ' Cir. 1990). However, instead of supporting your theory that Mid- <br /> Continent's claims are barred by sovereign immunity, it actually fatally undercuts your argument. <br /> Your reference to outstanding terms and conditions, citing pages,1472 l o 1473, is actually a <br /> discussion from the district court's opinion that is overturned by 'the Tenth Circuit. The case <br /> clearly stands for the proposition that the Bankruptcy Code does not preempt a claim -for breach <br /> of contract premised on the plan of reorganization. 906 F.2d at 1476. <br /> Further, your Motion fails to bring to the court's attention a diapositive ruling in this very <br /> case. Exhibit A to the very first pleading/filed i1T this case is the bankruptcy couTt's "Order on <br /> Motion to Reopen" dated February 19, 1997, sending Pitkin COLLnty to state court to enforce its <br /> tax claims against Mid-Continent Resources, Inc. In that Order, Judge CLA said, among other <br /> things, <br />