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oFCoo <br /> 187 <br /> GALE A. NORTON STATE OF COLORADO STATE SERVICES BUILDING <br /> Attorney General 1525 Sherman Street- 5th Floor <br /> DEPARTMENT OF LAW Denver, Colorado 80203 <br /> STEPHEN K. ERKENBRACK Phone (303) 866-4500 <br /> Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX (303) 866-5691 <br /> TIMOTHY M. TYMKOVICH <br /> Solicitor General <br /> December 13 , 1994 <br /> Robbin Lego <br /> Pendleton & Sabian, P. C. <br /> 303 East 17th Avenue <br /> Suite 1000 <br /> Denver, CO 80203 <br /> RE : Division of Minerals and Geology v. Reeves, et al . <br /> Dear Robbin: <br /> In your November 29, 1994, fax you requested me to provide <br /> you with the legal basis for the deliberative process privilege I <br /> have claimed in discovery matters . You ask me to consider your <br /> letter as an effort to confer pursuant to C.R.C. P. 121, Section <br /> 1-12 (5) . I will do so. <br /> Initially, it should be noted that the Division claimed the <br /> deliberative process privilege as to four out of hundreds of <br /> documents in its response to your written discovery request . One <br /> of the four documents was a memorandum dated February 5, 1992, <br /> from Dan Mathews to Dan Hernandez and Tony Waldron. During the <br /> deposition of Mr. Waldron, you had a copy of this memorandum. <br /> See deposition document 43 . I ask that you provide me with an <br /> explanation of how you obtained this document . <br />