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

Case 1:01-cv-00413-JLK-BNB

Document 246

Filed 09/24/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane Date: September 24, 2007 Reporter: Therese Lindblom Deputy Clerk: LaDonne Bush

Civil Action No. 01-cv-00413-JLK-BNB M.D. MARK, INC., Plaintiff, v. KERR-MCGEE CORPORATION, and ORYX ENERGY COMPANY, Defendants. Gregory E. Goldberg Scott S. Barker Antonio Gallegos Harlan P. Pelz Daniele W. Bonifazi

COURTROOM MINUTES

Trial to Jury - Day Six 9:13 a.m. Court in session.

Defendants' witness, Thomas Schultz, sworn. Direct examination of Mr. Schultz by Mr. Goldberg. Exhibits received: D-22 through D-26, E-1, E-2, E-3, E-5 10:22 a .m. Court in recess. 10:46 a.m. Court in session. Continued direct examination of Mr. Schultz by Mr. Goldberg. 11:18 a.m. Cross examination of Mr. Schultz by Mr. Pelz.

Exhibit received: 183 12:06 p.m. 1:23 p.m. Court in recess. Court in session.

Case 1:01-cv-00413-JLK-BNB

Document 246

Filed 09/24/2007

Page 2 of 3

Jury not present. Court's comments regarding the Rule 50 motion and jury instructions. 1:26 p.m. Jury present.

Continued cross examination of Mr. Schultz by Mr. Pelz. 1:40 p.m. 1:49 p.m. Redirect examination of Mr. Schultz by Mr. Goldberg. Defendants' witness, Daniel Miller, sworn.

Direct examination of Mr. Miller by Mr. Gallegos. Exhibit received: A-26 2:17 p.m. 2:23 p.m. 2:25 p.m. 2:47 p.m. Cross examination of Mr. Miller by Mr. Pelz. Redirect examination of Mr. Miller by Mr. Gallegos. Court in recess. Court in session.

Defendants' witness, Marilyn Young, sworn. Direct examination of Ms. Young by Mr. Goldberg. Ruling reserved: A-25 3:24 p.m. 3:30 p.m. Court in recess. Court in session.

Cross examination of Ms. Young by Mr. Pelz. 3:43 p.m. Redirect examination of Ms. Young by Mr. Goldberg.

Exhibit received: A-25 3:54 p.m. 4:39 p.m. Deposition of Tom Russell read to the jury. Jury excused.

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Case 1:01-cv-00413-JLK-BNB

Document 246

Filed 09/24/2007

Page 3 of 3

Argument regarding the relevant time period for damages. Discussion regarding trial schedule. 4:46 p.m. Court in recess.

Trial continued. Time - 05:24

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