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Home My WebLink About700438.tiff Law Offices ICAROWSKY, WITWER & OLDENBURG CHARLES A. KAROWSKY SUITE 318. 8TH AND 8TH BUILDING STOW L. WITWER. JR. GREELEY. COLORADO 80831 R. SAM OLDENBURG AREA CODE 303 sEz_31E1 September 15, 1970 Board of County Commissioners Weld County Court House Greeley Colorado Gentlemen: This office has been consulted by a number of Osteopathic physicians and surgeons who are members of the Staff of the Osteopathic Memorial Hos- pital in Greeley, Colorado. At their request, I have reviewed the Articles of Incorporation and the By- Laws of the Northern Colorado Osteopathic Foundation in connection with what I understand is a contemplated termination of this Foundation by trans- ferring the physical assets of the Foundation to Weld County, in return for an assumption by the County of outstanding liabilities. Without going into details as to the various legal reasons therefor, I should like to suggest that there are serious questions about the legality of the contemplated trans- fer, and although I am reluctant to engage in this technique, I am obliged to put you on notice, together with all members of the Board, that such action would immediately result in the initiation of a legal proceedings to determine the validity of such transfer and, if possible, to enjoin the same. Although you would not be concerned with the internal problems existing be- tween the Staff and the Board, I have received an indication that if the Board wishes to relinquish its responsibilities, a substantial number of doctors are willing to personally assume the liabilities which are outstanding in order to assure the continuation of the Hospital. As you are probably aware, termination of the hospital function would preclude 700438 So C're ci Board of County Commissioners Page 2 September 15, 1970 a substantial number of Osteopathic physicians and surgeons from engaging in their profession in view of the fact that many of them are not currently eligible for admission to the Staff of the Weld County General Hospital. I would appreciate your advising me as to any action that you contemplate taking in this regard. So that they may be informed, I am sending a copy of this letter to each member of the Board. Very truly yours, KAROWS CY, W313VER OLDENBURG ff urn ... Charles A. Karowsky pjf cc: Mr. Ivan Gilbaugh 914 8th Avenue Greeley, Colorado cc: Douglas N. Galloway 114 Grafe Avenue Ault, Colorado cc: Mr. Elmer L. Shultz cc: Mr. Denver M. Wiggins 1201 W.S. 1 6009 West 28th Street Johnstown, Colorado Greeley, Colorado cc: Mr. William K. Halliburton cc: Bud R. Richardson 2216 12th Street 1846 Cherry Avenue Greeley, Colorado Greeley, Colorado cc: Mr. Frank H. Bressler cc: Mr. William E. Bohlender 2659 Mountair Lane Attorney at Law Greeley, Colorado First National Bank Building Greeley, Colorado SAMUEL S . TELEP ATTORNEY AND COUNSELOR AT LAW FIRST NATIONAL BANK BUILDING TELEPHONE 3152-7132 GREELEY, COLORADO S0631 September 18, 1970 Mr. Charles A. Karowsky, Esq. Suite 315, 8th and 8th Building Greeley, Colorado 80631 Re: Osteopathic Memorial Hospital, Greeley, Colorado. Dear Charles: Please be advised that your letter of September 15, 1970, with regard to the contemplated transfer of all assets and liabili- ties of the above-entitled institution to Weld County has been turned over to this office for attention. Please be further advised that the contents of your letter are well noted and rest assured that Weld County is not about to go out of its way to buy a lawsuit. I am reasonably certain that since the hospital Board of Trustees and the County have been put on notice of the probability of legal action by you, you may rest assured that the County has no intention to proceed further until all of your internal problems are solved. On behalf of the Board of County Commissioners, I wish to thank you for bringing this matter to its intention. Very tru rs, ( Samuel S. Telep Attorney at Law SST/emw emw WELD CO. COMMISSIONtRt GRECLtl,COLO. RECEIVED SE'P 21 1970 li IeIIEl1iI12 tragaI gig I is o D© io Hello