Free Jury Trial - Held - District Court of Colorado - Colorado

Case 1:01-cv-02199-MSK-MEH

Document 404

Filed 04/19/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Brian Bergevin Court Reporter: Paul Zuckerman Civil Action No. 01-cv-02199-MSK-MEH Parties: MICHAEL E. CLAWSON, and JARED L. DILLON, Counsel Appearing: Keith Killian Damon Davis Chris Richter Date: April 19, 2006

Plaintiffs, v. MOUNTAIN COAL COMPANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C. a Delaware corporation, and ARCH COAL, INC., a Delaware corporation, Defendants. ______________________________________________________________________________ COURTROOM MINUTES ______________________________________________________________________________ HEARING: Jury Trial Day Eight 8:39 a. m. 8:40 a.m. 9:33 a.m. Court in session Continued cross-examination of Edward Langrand by Mr. Killian Re-direct examination by Mr. Johnson Jeffrey Johnson Monique Tuttle

Witness recalled for the Defense: Mary Stahl 9:36 a.m Direct examination by Ms. Tuttle

Witness recalled for the Defense: Bill Olsen

Case 1:01-cv-02199-MSK-MEH

Document 404

Filed 04/19/2006

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Courtroom Minutes Judge Marcia S. Krieger Page 2 9:39 a.m. Direct examination by Mr. Johnson

EXHIBIT 277 received 10:10 a.m. 10:26 a.m. 10:28 a.m. 10:55 a.m Cross-examination by Mr. Killian Re-direct examination by Mr. Johnson Court in recess. Court in session.

Witness sworn for the Defendants: Doug Nolte 10:58 a.m. 11:09 a.m. Direct examination by Mr. Johnson Cross-examination by Mr. Killian

Witness sworn for the Defendants: Jerome Darnell 11:17 a.m. Direct examination by Mr. Johnson

EXHIBIT 613, pages 2-5 and 12 received EXHIBIT 725 received for demonstrative purposes only EXHIBIT 726 received for demonstrative purposes only 12:00 p.m. 1:28 p.m. 1:30 p.m. 2:11 p.m. 2:16 p.m. 2:30 p.m. Court in recess. Court in session. Cross-examination by Mr. Killian Re-direct examination by Mr. Johnson Court in recess. Court in session.

Witness sworn for the Defendants: Patricia Anctil 2:33 p.m. Direct examination by Ms. Tuttle

Case 1:01-cv-02199-MSK-MEH

Document 404

Filed 04/19/2006

Page 3 of 3

Courtroom Minutes Judge Marcia S. Krieger Page 3 2:54 p.m. Cross-examination by Mr. Killian

Defendants rest. Witness recalled for the Plaintiffs: Jared Dillon 3:33 p.m. Direct examination by Mr. Killian

Witness recalled for the Plaintiffs: Michael Clawson 3:43 p.m. 3:59 p.m. 4:01 p.m Plaintiffs rest. 4:09 p.m. 6:21 p.m. Court in recess. Court in session. Direct examination by Mr. Killian Cross-examination by Mr. Johnson Re-direct examination by Mr. Killian

Discussion concerning jury instructions Discussion concerning verdict form Discussion of demonstrative exhibits Discussion of closing arguments 8:22 p.m. Court in recess.

Total Time: 7 hours 22 minutes. Trial continued.