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04/05/99 17:34 FAX 3037962777 BURNS FIGA & WILL <br />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 />MidC on'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_ Sec 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 e�t Delaney. <br />Dated this l day of April, 1999. <br />g <br />Z024 <br />