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

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

Document 240

Filed 09/18/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane Date: September 18, 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 Two 8:57 a.m. Court in session.

Jury not present. Court's ruling on deposition designations. Jury present. Cross examination of Mr. Moye by Mr. Barker. 9:31 a.m. 9:46 a.m. Redirect examination of Mr. Moye by Mr. Pelz. Plaintiff's witness, Leon Herzog, sworn.

Direct examination of Mr. Herzog by Mr. Pelz. 10:14 a.m. 10:36 a.m. Court in recess. Court in session.

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

Document 240

Filed 09/18/2007

Page 2 of 2

Jury not present. Discussion regarding a note from a juror and Mr. Herzog's testimony. Jury present. Continued direct examination of Mr. Herzog by Mr. Pelz. Exhibits received: 60, 142, 169, 179, 180 12:04 p.m. 1:25 p.m. Court in recess. Court in session.

Jury not present. Discussion regarding Mr. Herzog's testimony. Jury present. 1:26 p.m. Continued direct examination of Mr. Herzog by Mr. Pelz.

Exhibits received: 200A, 200B, 200D, 200C 1:57 p.m. 2:11 p.m. 2:17 p.m. 2:28 p.m. Cross examination of Mr. Herzog by Mr. Barker. Redirect examination of Mr. Herzog by Mr. Pelz. Court in recess. Court in session.

Plaintiff's witness, Robert Gray, sworn. Direct examination of Mr. Gray by Mr. Pelz. Mr. Pelz offers Mr. Gray as an expert witness. Court accepts the tender. 3:34 p.m. 3:51 p.m. 3:59 p.m. Cross examination of Mr. Gray by Mr. Barker. Redirect examination of Mr. Gray by Mr. Pelz. Court in recess.

Trial continued. Time - 05:08.

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