Free Bench Trial - Completed - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

Document 240

Filed 02/09/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE BOYD N. BOLAND Civil Action No. 01-cv-02163-BNB-MEH Date: February 9, 2007 FTR COURTROOM A 401 Geneva D. Mattei, Deputy Clerk

SIERRA CLUB, and MINERAL POLICY CENTER, Plaintiffs, v. EL PASO GOLD MINES,

John Barth Jeffrey Parsons

James Merrill Stephen Harris Michael Gustafson

Defendants

COURTROOM MINUTES

BENCH TRIAL-DAY 5 Court in Session: Court calls case. Appearances of Counsel Court' opening remarks. s Cross examination of Dr. O' Hayre continues. Cross examination ends.. Re-direct examination of Dr. O' Hayre by Mr. Harris. Re-direct examination ends. Dr. O' Hayre excused. 8:31 a.m.

Case 1:01-cv-02163-BNB-MEH

Document 240

Filed 02/09/2007

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Mr, Merrill calls Robert Brogden. Robert Brogden sworn in. Direct examination of Robert Brogden by Mr. Merrill. Appendix A of Exhibit A admitted. List of references in Exhibit A is accepted. Direct examination ends. Cross examination of Robert Brogden by Mr. Barth. Court in recess: Court in session: 10:25 a.m. 10:41 a.m.

Cross examination of Robert Brogden by Mr. Barth continues. Exhibit 129 admitted. Photos 5ff and 6ff to exhibit 6 admitted. Cross examination ends. Robert Brogden is excused. Court in recess: 11:28

Rebuttal by Mr. Barth. Dr. Maest re-called to the stand. Direct examination of Dr. Maest by Mr. Barth. Direct examination of Dr. Maest ends. Cross examination of Dr. Maest by Mr. Merrill. Cross examination of Dr. Maest end. Court in recess: Court in session: 12:08 p.m. 1:30 p.m.

Mr. Barth calls James McCord.

Case 1:01-cv-02163-BNB-MEH

Document 240

Filed 02/09/2007

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Dr. James McCord sworn in. Direct examination of Dr. James McCord by Mr. Barth. Exhibit 119 admitted. Direct examination of Dr. McCord ends. Cross examination of Dr. McCord by Mr. Merrill. Cross examination of Dr. McCord ends. Re-direct examination of Dr. McCord by Mr. Merrill. Exhibit 122 admitted. Re-direct examination of Dr. McCord ends. Dr. McCord excused. Closing argument by Mr Parsons. Closing argument by Mr. Harris. ORDERED: The matter is taken under advisement. ORDERED: Supplemental post trial finding of fact and post trial briefs due on or before February 26, 2007. Post trial briefs not to exceed 10 pages. Court in recess: Total time in court: 3:19 p.m. 05:26 Trial concluded.

Case 1:01-cv-02163-BNB-MEH

Document 240

Filed 02/09/2007

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Court in recess: Total time in court:

4:56 p.m.

Trial continues

Court in Recess: Total In-Court Time:

.

Trial continues.