EXHIBIT 5 OPINION OF KUNZMAN & BOLLINGER, INC. AS TO THE LEGALITY OF THE UNITS REGISTERED HEREBY KUNZMAN & BOLLINGER, INC. ATTORNEYS-AT-LAW 5100 N. BROOKLINE, SUITE 600 OKLAHOMA CITY, OKLAHOMA 73112 Telephone (405) 942-3501 Fax (405) 942-3527 Exhibit 5 August 18, 2000 Atlas Resources, Inc. 311 Rouser Road Moon Township, Pennsylvania 15108 RE: ATLAS AMERICA PUBLIC #9 LTD. ---------------------------- Gentlemen: You have requested our opinion on certain issues pertaining to Atlas America Public #9 Ltd. (the "Partnership") formed under the Limited Partnership Laws of Pennsylvania. Atlas Resources, Inc., a Pennsylvania corporation, is the Managing General Partner of the Partnership. BASIS OF OPINION Our opinion is based on our review of a certain Registration Statement on Form SB-2 and any amendments thereto, including any post-effective amendments, for the Partnership (the "Registration Statement") as filed with the Securities and Exchange Commission (the "Commission"), including the Certificate of Limited Partnership for the Partnership, the Prospectus and the Amended and Restated Certificate and Agreement of Limited Partnership for the Partnership (the "Partnership Agreement"), the Subscription Agreement and the Drilling and Operating Agreement contained therein, and on our review of such other documents and records as we have deemed necessary to review for purposes of rendering our opinion. As to various questions of fact material to our opinion which we have not independently verified, we have relied on certain representations made to us by officers and directors of the Managing General Partner. In rendering the opinion herein provided, we have assumed the due authorization, execution and delivery of all relevant documents by all parties thereto. OPINION Based upon the foregoing, we are of the opinion that: The Units, when sold in accordance with the Registration Statement as amended at the time it becomes effective with the Commission, will be legally issued pursuant to Pennsylvania partnership law, fully paid and nonassessable except as described in the Registration Statement with respect to the Investor General Partner Units. We hereby consent to the use of this opinion as an Exhibit to the Registration Statement and to the reference to this firm in the Prospectus included in the Registration Statement. Yours very truly, /s/ KUNZMAN & BOLLINGER, INC. KUNZMAN & BOLLINGER, INC.