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

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

Document 403

Filed 04/18/2006

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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, 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 Seven 8:40 a. m. Court in session Jeffrey Johnson Monique Tuttle Counsel Appearing: Keith Killian Damon Davis Date: April 18, 2006

Witness sworn for the Defendants: Steven O' Connell 8:49 a.m. Direct examination by Mr. Johnson

EXHIBIT 643 received for demonstrative purposes only 9:16 a.m. 9:26 a.m. 10:36 a.m. 10:55 a.m. Court in recess. Court in session. Court in recess. Court in session.

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

Document 403

Filed 04/18/2006

Page 2 of 3

Courtroom Minutes Judge Marcia S. Krieger Page 2 10:55 a.m. 11:22 a.m. Cross-examination by Mr. Killian Re-direct examination by Mr. Johnson

Witness sworn for the Defendants: Peter Wyckoff 11:30 a.m. 11:59 a.m. 1:10 p.m. 1:51 p.m. 2:23 p.m 2:44 p.m. Direct examination by Mr. Johnson Court in recess. Court in session. Cross-examination by Mr. Killian Court in recess. Court in session.

Witness sworn for the Defendants: Harrison Hopper 2:47 pm. 2:52 p.m. 2:59 p.m. Direct examination by Ms. Tuttle Cross-examination by Mr. Killian Re-direct examination by Ms. Tuttle

Witness re-called for the Defendants: Edward Langrand 3:00 p.m. 4:04 p.m. 4:24 p.m. 4:38 p.m. Direct examination by Mr. Johnson Cross-examination by Mr. Killian Court in recess. Court in session.

Discussion of admissibility of collateral source evidence. Court will entertain tendered instruction regarding collateral sources. 5:00 p.m. Court in recess

Total Time: 6 hours 5 minutes. Trial continued.

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

Document 403

Filed 04/18/2006

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