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

Case 1:01-cv-00568-LTB-PAC

Document 403

Filed 11/29/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Court Reporter: Gwen Daniel Date: November 29, 2005

_____________________________________________________________________ Civil Case No. 01-cv-00568-LTB-PAC Counsel: CROSS COUNTRY LAND SERVICES, INC., Plaintiff, v. PB NETWORK SERVICES, INC., , PB TELECOMMUNICATIONS, INC., LEVEL 3 COMMUNICATIONS, L.L.C., KIEWIT NETWORK SERVICES, INC., KIEWIT CONSTRUCTION CO., Defendants. and PB NETWORK SERVICES, INC., LEVEL 3 COMMUNICATIONS, L.L.C., KIEWIT NETWORK SERVICES INC., Third-Party Plaintiffs, v. JAMES STEVENSON, WILLIAM STEVENSON, ED CROWSTON, and LARRY ORTH, Third-Party Defendants. Richard L. Harring Philip M. Quatrochi Gregory C. Smith Colin A. Walker Richard L. Harring Philip M. Quatrochi Gregory C. Smith Colin A Walker

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Case 1:01-cv-00568-LTB-PAC

Document 403

Filed 11/29/2005

Page 2 of 3

_____________________________________________________________________ COURTROOM MINUTES ________________________________________________________________________ TRIAL TO COURT (upon counterclaims) - DAY FOUR 08:30 a.m. Court in Session

2)DEFENDANTS' WITNESS JOHN HARRISON 08:30 Direct (by Mr. Harring) Exhibits identified/referred: V, S, W, A1, 30.2 First conversation on A63 played EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: first conversation, A63 Second conversation on A63 played EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: second conversation, A63 10:06 Court in Recess 10:25 Court in Session 10:25 Direct continued (by Mr. Harring) Third conversation on A63 played EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: third conversation, A63 Exhibits identified/referred: J35, J40, A15, V, 30.3 11:04 Cross (by Mr. Smith) EXHIBITS IDENTIFIED, OFFERED AND REFUSED (objection sustained): 20 EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: 8, Bates numbers PBNS2404, 2408, 2431 and 2443; 21, page 2245; and 22 11:58 Court in Recess 01:30 Court in Session 2

Case 1:01-cv-00568-LTB-PAC

Document 403

Filed 11/29/2005

Page 3 of 3

Trial to Court - Day Four November 29, 2005

01-cv-00568-LTB-PAC

01:30 Cross continued Exhibits identified/referred: 22, 23, 33, 30.2, 38, 36, 31, J5, A15 02:09 Deposition of John Harrison opened and used for impeachment 02:39 Redirect (by Mr. Harring) Exhibits identified/referred: 15 02:47 Recross Exhibits identified/referred: 15 02:50 Court in Recess 03:10 Court in Session 3) DEFENDANTS' WITNESS RICHARD MOORE 03:10 Direct (By Mr. Harring) 03:24 Cross (by Mr. Smith) Exhibits identified/referred: A47, J5 03:41 Deposition of Richard Moore opened and used for impeachment EXHIBIT IDENTIFIED, OFFERED AND REFUSED: 72 (objection sustained) 04:23 Redirect Exhibits identified/referred: A47 4) DEFENDANTS' WITNESS MONTE MENARD 04:28 Direct (by Mr. Quatrochi) Exhibits identified/referred: 57, A27 05:00 p.m. Court in Recess Trial continued Time: six hours and 19 minutes

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