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

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

Document 239

Filed 02/08/2007

Page 1 of 4

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 8, 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 4 Court in Session: Court calls case. Appearances of Counsel Court' opening remarks. s Dr. O' Hayre on the stand. Direct examination of Dr. O' Hayre by Mr. Harris. Mr O' Hayre is accepted as an expert witness. Direct examination of Dr. O' Hayre. Exhibit Z is addressed 8:33 a.m.

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

Document 239

Filed 02/08/2007

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Exhibit Z admitted. Court in recess: Court in session: 10:24 a.m. 10:43 a.m.

Direct examination of Dr. O' Hayre continues. Exhibit A-1 addressed. Exhibit A-1 admitted. Defense rests. Cross-examination of Dr. Arthur O' Hayre by Mr. Barth. Court in recess: Court in session: 12:01 p.m. 1:03 p.m.

Mr. Barth calls Peter O' Connor. Mr. O' Connor sworn in. Direct examination of Peter O' Connor by Mr. Barth. Exhibit 16 admitted. Court in recess: Court in session: 2:05 p.m. 2:26 p.m.

Direct examination of Peter O' Connor by Mr. Barth. Exhibit 65 admitted. Exhibit 90 admitted. Exhibit 91 admitted. Exhibit 47 admitted. Exhibit 51 admitted. No cross examination of Peter O' Connor by Mr. Merrill.

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

Document 239

Filed 02/08/2007

Page 3 of 4

Mr. O' Connor is excused Mr. Barth call David A. Akers David A. Akers sworn in. Direct examination of David A Akers by Mr. Barth. Exhibit 126 admitted. Exhibit 19 admitted. Plaintiffs rest. Cross examination of David Akers by Mr. Merrill. Daivd Akers is excused. Dr. O' Hayre is re-called to the stand. Cross examination of Dr. Arthur O' Hayre by Mr. Barth. Court in recess: Total time in court: 4:56 p.m. 07:21 Trial continues

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

Document 239

Filed 02/08/2007

Page 4 of 4

Court in Recess: Total In-Court Time:

.

Trial continues.