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

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

Document 402

Filed 04/17/2006

Page 1 of 3

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 Six 8:34 a. m. 8:46 a.m. Court in session Cross-examination of Jared Dillon by Ms. Tuttle continues Jeffrey Johnson Monique Tuttle Counsel Appearing: Keith Killian Damon Davis Date: April 17, 2006

EXHIBIT 286 received. EXHIBIT 265 received. EXHIBIT 333 received. 9:39 a.m. Re-direct examination by Mr. Killian

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

Document 402

Filed 04/17/2006

Page 2 of 3

Courtroom Minutes Judge Marcia S. Krieger Page 2 9:51 a.m. 10:17 a.m. Court in recess. Court in session

Witness sworn for the Plaintiff: Ronald Brennan 10:18 a.m Direct examination by Mr. Killian

EXHIBIT 721 received. EXHIBIT 722 received. 10:54 a.m. Cross-examination by Mr. Johnson

EXHIBIT 723 received for demonstrative purposes. EXHIBIT 724 received for demonstrative purposes. 11:58 a.m. 1:08 p.m. 1:27 p.m. Court in recess. Court in session. Re-direct examination by Mr. Killian

Witness appearing for Defense: Gene DeClaudio 1:52 p.m. 2:22 p.m. 2:32 p.m. 2:55 p.m. Direct examination by Mr. Johnson Cross-examination by Mr. Killian Court in recess. Court in session.

Witness sworn for the Plaintiff: Douglas Huene 3:18 p.m. 3:26 p.m. 3:35 p.m. Plaintiffs rest Direct examination by Mr. Killian Cross-examination by Mr. Johnson Re-direct examination by Mr. Killian

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

Document 402

Filed 04/17/2006

Page 3 of 3

Courtroom Minutes Judge Marcia S. Krieger Page 3 3:40 p.m. 3:58 p.m. Court in recess. Court in session.

Defendants' motion pursuant to Fed. R. Civ. P. 50 by Mr. Johnson. Plaintiff' response by Mr. Davis. s Court reserves ruling on Defendants'motion. 5:08 p.m. Court in recess.

Total Time: 6 hours 40 minutes. Trial continued.