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Murray to Neier/Sewer Extension (2)MARSHALL MURRAY Attorney at Law 275 Corporate Avenue, Suite 800 Kalispell, Montana 59903 Telephone: (406) 755-3013 September 12, 1997 Mr. Glen Neier City Attorney PO Box 1997 Kalispell, MT 59903 Facsimile: (406) 752-5213 RE: Northwest Healthcare Corporation/Buffalo Commons/ LMJ Sewer Extension Dear Glen: Enclosed is a letter from Rich DeJana. He, too, is waiting for some decision from you and consequently, from me, as to how to proceed on the balance. Please give some thought to this matter and advise me as soon as possible. I would like to respond by his deadline or earlier. Thank you. MM:mb Encl. DEJANA LAW KM Building, Suite 6 200 First Avenue East P. 0. Box 1757 Kalispell, MT 59903 Richard DeJana September 9, 1997 Phone (406)752-4120 Attorney at Law Fax (406)752-5015 Marshall Murray Attorney at Law 275 Corporate Ave., Suite 800 Kalispell, MT 59901 William Astle Astle & Astle 705 Main St. Kalispell, MT 59901 Buffalo Commons/LMJ Enterprises Gentlemen: I have been waiting for Marshall to hear if he has any word from his principals as to how to proceed. We have the difference between $1, 863.30 and $34, 347.05 still being held by the City. We need to expedite action on that. Therefore, I want to propose the following: 1. Marshall again put pressure on his clients, to see if they are willing to make a decision on how they want to proceed during the time limits set forth herein; 2. Bill advise his clients of the contains of this letter, 3. That within ten days you advise me whether we are going to seek a) one more attempt to negotiate; b) have a formal mediation; c) seek formal arbitration; d) go to court to determine the issues. I certainly hope one of the first three is our approach. If I don't hear in ten days I will contact each of you and make a final determination of where we are sitting. But, my intention will be to fill an action in District Court naming Northwest Healthcare Corporation as a Defendant and to make the formal determination as how to proceed with the funding. Please advise as to your thoughts. I remain, Sincerely, Ric rd DeJana VINVIOMIX#1