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ANSWER NO. 22: Objection. Calls for legal conclusions and analysis. <br /> INTERROGATORY NO. 23: State whether the Coal Load Out Facility is under any <br /> contract for sale or other disposition and/or whether the LLC intends to or has plans to sell or <br /> otherwise dispose of this property and when such sale and/or disposition would occur. Include in <br /> your response the status of any sale contract or other contract disposing of this property, and the <br /> status for any plans to sell or otherwise dispose of the Coal Load Out Facility including whether <br /> the LLC or any entity on behalf of the LLC has been in negotiation concerning disposition of the <br /> Coal Load Out Facility. <br /> ANSWER NO. 23: Objection, regarding the portion of Interrogatory No. 23 requesting <br /> MidCon's intent in selling or disposing of the Coal Load Out Facility as irrelevant and not <br /> reasonably calculated to lead to the discovery of admissible evidence. That property is currently <br /> not under contract and MidCon has no present plans to sell or otherwise dispose of it, nor are any <br /> negotiations pending concerning disposition of that property. <br /> INTERROGATORY NO. 24: Identify all documents referred to or relied upon in <br /> responding to the above Interrogatory no. 23. <br /> ANSWER NO. 24: No such documents exist. <br /> INTERROGATORY NO. 25: Identify all steps the LLC has taken to mitigate the <br /> alleged damages in the second claim for relief in its Third-Party Complaint. <br /> ANSWER NO. 25: MidCon has attempted to preserve the market value of the <br /> remaining property by repeatedly request to DMG not to destroy the Lamp House and related <br /> improvements; has cleaned and made repairs to the Lamp House; has secured restoration of <br /> power to the Lamp House through Holy Cross Electric; has proposed a settlement contemplating <br /> U.S. Forest Service ownership that will preserve the value of the Lamp House and related <br /> improvements with or without Forest Service ownership. See for example, above-reference <br /> letter to Kevin Riordan of the U.S. Forest Service. <br /> REQUEST FOR PRODUCTION OF DOCUMENTS <br /> 1. Produce each and every document identified by the LLC in response to the <br /> foregoing interrogatories. <br /> RESPONSE NO. 1: All such documents shall be made available upon reasonable <br /> notice at the office of Rob eyt Delaney. <br /> Dated this ? day of April, 1999. <br /> 8 <br />