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

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

Document 400

Filed 04/13/2006

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 Four 8:34 a. m. 8:40 a.m. 8:44 a.m. Court in session Court in recess. Court in session. Jeffrey Johnson Monique Tuttle Counsel Appearing: Keith Killian Damon Davis Date: April 13, 2006

Witness sworn for the Plaintiff: Ellen Price 8:47 a.m. 9:25 a.m. 9:35 a.m. Direct examination by Mr. Killian Cross-examination by Mr. Johnson Re-direct examination by Mr. Killian

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

Document 400

Filed 04/13/2006

Page 2 of 3

Courtroom Minutes Judge Marcia S. Krieger Page 2 Witness sworn for the Plaintiff: Harrison Hopper 9:42 a.m. 10:21 a.m. 10:40 a.m. Direct examination by Mr. Killian Court in recess. Court in session.

Witness sworn for the Plaintiff: Mary Stahl 10:44 a.m. Direct examination by Mr. Killian

Witness sworn for the Plaintiff: Dewey Walker 11:19 a.m. Direct examination by Mr. Killian

Witness for the Plaintiff: Robert Shanks (by deposition) 11:30 a.m. 11:53 a.m. 1:19 p.m. 1:38 p.m. Reading of the selected deposition excerpts by Mr. Killian Court in recess. Court in session. Reding of selected deposition excerpts by Ms. Tuttle

Witness for the Plaintiff: Andrew Twedell (by depositon) 1:40 p.m. 2:07 p.m. 2:17 p.m. 2:19 p.m. Reading of selected deposition excerpts by Mr. Killian Court in recess. Court in session. Reading of selected depositon excerpts by Ms. Tuttle

Witness sworn for the Plaintiff: Michael Clawson 2:27 p.m. Direct examination by Mr. Killian

EXHIBIT 708 received. EXHIBIT 696 received.

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

Document 400

Filed 04/13/2006

Page 3 of 3

Courtroom Minutes Judge Marcia S. Krieger Page 3 3:30 p.m. 3:45 p.m. Court in recess. Court in session.

EXHIBIT 146 received. 4:40 p.m. Court in recess

Total Time: 5 hours 53 minutes. Trial continued.