Mr. Andrew Moraghan
Assistant Attorney General
900 East Boulevard
Bismarck ND 58505

RE: Wishnatsky v. Huey
Civil No. 96-2297

Dear Mr. Moraghan:

Enclosed is a draft motion to compel in the above matter. In the interest of allowing the defendant to reconsider his discovery responses, the motion is being sent to you for consideration.

I will allow you a week or two to consider the motion before filing it. If you need more time or decide voluntarily to supplement the responses served on January 29, 1997, please let me know.

Sincerely,
Martin Wishnatsky

Mr. Martin Wishnatsky
P.O. Box 413 Fargo, ND 58107

RE: Wishnatsky v. Huey Civil
No. 96-2297

Dear Mr. Wishnatsky:

Thank you for your letter dated May 13, 1997.

We believe that there were valid grounds for the objections that we interposed to your interrogatories. Therefore, we will not be amending our answers.

We do not believe that your proposed motion to compel discovery would be substantially justified. Furthermore, we believe that the interrogatories to which we objected were designed to harass the defendant. Therefore, if you elect to file your motion, it is likely that we will seek reasonable expenses, including attorney's fees, incurred in opposing the motion.

Please feel free to contact me if you have any questions. Thank you.

Sincerely,

Andrew Moraghan

Assistant Attorney
General Office of Attorney General
900 East Boulevard Avenue
Bismarck, ND 58505-0041
Telephone (701) 328-3640
Facsimile (701) 328-4300

jjt
cc: Dave Huey