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111/30/98 18:35 FAX 3037962777 URNS FIGA & FILL Z 003/014 <br /> BURNS, F1GA S WILL, P.C. <br /> Cheryl A. Linden, Esquire <br /> November 30, 1998 <br /> Page 2 <br /> Realty to add the coal load-out issue to the Pitkin County litigation based solely on a delay of <br /> two to three months to allow the parties to attempt to agree to reach an amicable agreement. <br /> Ilou-ever, you could not agree to such a stipulation. Therefore, despite the fact that it would be <br /> my preference to allow the parties to attempt to reach an amicable agreement before filing suit on <br /> that issue, I have included that claim in Mid-Con Realty's proposed Third-Party Complaint so <br /> that Mid-Con does not run the risk of losing that claim all together. <br /> If you have any questions regarding these matters, please feel free to call me. <br /> Sincerely, <br /> BURNS, FIGA& WILL, P.C. <br /> ooffr Anderson <br /> GPA:Ilh <br />