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

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

Document 401

Filed 04/14/2006

Page 1 of 2

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 Five 8:12 a. m. Court in session Jeffrey Johnson Monique Tuttle Counsel Appearing: Keith Killian Damon Davis Date: April 14, 2006

EXHIBITS 534, 539, 540 received. 8:30 a.m. 8:41 a.m. 8:57 a.m. Court in recess. Court in session. Cross-examination of Michael Clawson by Mr. Johnson

EXHIBIT 162, pages 3 & 4 received. EXHIBIT 196, pages 3 & 4 received. EXHIBIT 162, pages 5 & 6 received.

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

Document 401

Filed 04/14/2006

Page 2 of 2

Courtroom Minutes Judge Marcia S. Krieger Page 2 EXHIBIT 207 received. EXHIBIT 162, pages 10 & 11 received. 10:33 a.m. 10:53 a.m. 11:28 a.m. Court in recess. Court in session. Re-direct examination by Mr. Killian

EXHIBIT 196 in its entirety received. 12:05 p.m. 1:19 p.m. Court in recess. Court in session.

Witness sworn for the Plaintiff: John Ballard 1:50 p.m. Direct examination by Mr. Killian

Witness sworn for the Plaintiff: Jared Dillon 2:01 p.m. 2:32 p.m. 2:45 p.m. Direct examination by Mr. Killian Court in recess. Court in session.

EXHIBIT 709 received (with hire date stricken) 3:43 p.m. 4:00 p.m. Cross-examination by Ms. Tuttle Court in recess

Total Time: 5 hours 48 minutes. Trial continued.