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

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

Document 238

Filed 02/07/2007

Page 1 of 3

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 7, 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 3 Court in Session: Court calls case. Appearances of Counsel Court' opening remarks. s Mr. Barth calls Kenneth Klco. Kenneth Klco sworn in.. Direct Examination of Kenneth Klco by Mr. Barth. Plaintiff rests. Cross Examination of Kenneth Klco by Mr. Merrill. 8:36 a.m.

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

Document 238

Filed 02/07/2007

Page 2 of 3

Defendant rests. Re-direct examination of Mr. Klco by Mr. Barth Kenneth. Klco is excused. Dr. Ann Maest is re-called to the stand. Cross examination of Dr. Ann Maest by Mr. Merrill. Court in recess: Court in session: 10:06 a.m. 10:23 a.m.

Cross examination of Dr. Ann Maest by Mr. Merrill continues. Court in recess: Court in session: 11:45 a.m. 1:22 p.m.

Dr. Ann Maest on the stand. Mr Barth lists stipulated exhibits. Exhibit 12, Exhibit13, Exhibit 34, Exhibit 49, 1, 3, 11, 35, 50 and Figure 2 of Defendant' exhibit s A. Cross examination of Dr. Ann Maest by Mr. Merrill. Defense rests. The Court questions Dr. Ann Maest. Court in recess: Court in session: 3:43 p.m. 3:59 p.m.

Cross examination of Dr. Ann Maest by Mr. Merrill. Re-Direct examination of Dr. Ann Maest by Mr. Barth Exhibit 69 is admitted. Witness is excused.

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

Document 238

Filed 02/07/2007

Page 3 of 3

Mr. Harris calls witness Arthur O' Hayre. Dr. Arthur O' Hayre sworn in. Direct examination of Dr. Arthur O' Hayre by Mr. Harris. Court in recess: Total time in court: 5:01 p.m. 06:48 Trial continues