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

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

Document 399

Filed 04/12/2006

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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 Three 8:11 a. m. Court in session Jeffrey Johnson Monique Tuttle Counsel Appearing: Keith Killian Damon Davis Date: April 12, 2006

Witness sworn for the Plaintiff: John Bartlett 8:55 a.m. 9:20 a.m. Direct Examination by Mr. Killian Cross-examination by Ms. Tuttle

EXHIBIT 396 received. 9:45 a.m. Re-direct examination by Mr. Killian.

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

Document 399

Filed 04/12/2006

Page 2 of 3

10:01 a.m. 10:19 a.m.

Court in recess Court in session

Witness sworn for the Plaintiff: Gene DeClaudio 10:22 a.m. Direct examination by Mr. Killian

EXHIBIT 402 received. 12:00 p.m. 1:19 p.m. 1:22 p.m. 1:42 p.m. Court in recess. Court in session Cross examination by Mr. Johnson Re-direct examination by Mr. Killian

Witness sworn for the Plaintiff: Thomas Richards 1:54 p.m. 2:08 p.m. 2:30 p.m. 2:31 p.m. 2:51 p.m. Direct examination by Mr. Killian Cross-examination by Mr. Johnson Re-direct examination by Mr. Killian Court in recess Court in session

Witness sworn for the Plaintiff: LaVon Turpin 2:54 p.m. Direct examination by Mr. Killian

EXHIBIT 310 received 3:04 p.m. 3:12 p.m. Cross-examination by Ms. Tuttle Re-direct examination by Mr. Killian

Witness sworn for the Plaintiff: Shawn Pfifer 3:15 p.m. 3:26 p.m. 3:37 p.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 399

Filed 04/12/2006

Page 3 of 3

Witness sworn for the Plaintiff: Alan Olsen 3:48 p.m. 4:30 p.m. Direct examination by Mr. Killian Cross-examination by Mr. Johnson

Witness sworn for the Plaintiff: Randall Daugherty 4:34 p.m. 4:41 p.m. 4:47 p.m. Direct examination by Mr. Killian Cross-examination by Mr. Johnson Re-direct examination by Mr. Killian

Discussion concerning testimony by deposition Discussion concerning witnesses for Day 4. 5:13 p.m. Court in recess

Total Time: 7 hours 5 minutes. Hearing concluded.