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

Case 1:00-cv-02325-MSK-MEH

Document 296

Filed 02/21/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Date: February 21, 2006

Civil Action No. 00-cv-02325-MSK-MEH (consolidated with 01-cv-02307-MSK-MEH) Parties: SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY, ANGLOGOLD ASHANTI (COLORADO) CORPORATION, ANGLOGOLD ASHANTI NORTH AMERICA, INC., and GOLDEN CYCLE GOLD CORPORATION, Defendants. COURTROOM MINUTES HEARING: Bench Trial Day Six 1:09 p.m. Court in session. Robert Troyer Gene Riordan Don Sherwood Counsel: John Barth Randall Weiner

Witness sworn, for the plaintiff: Marilyn Fay : 1:10 p.m. Direct Examination by Mr. Barth. Cross examination of Ms. Fay by Mr. Troyer. Redirect examination of Ms. Fay by Mr. Barth. 2:19 p.m. 2:40 p.m. Court in recess. Court in session.

Witness sworn, for the plaintiff: Dr. Anne Maest : 2:41 p.m. Direct Examination by Mr. Barth. EXHIBITS: Rejected: 137; Bates pages 3266-3278 of exhibit 112. Cross examination of Dr. Maest by Mr. Troyer. Redirect examination of Dr. Maest by Mr. Barth. Witness sworn, for the plaintiff: Carl Smits : 4:24 p.m. Direct Examination by Mr. Barth.

Case 1:00-cv-02325-MSK-MEH Courtroom Minutes Judge Marcia S. Krieger Page 2

Document 296

Filed 02/21/2006

Page 2 of 2

EXHIBITS: Received: Bates pages 3266-3278 of exhibit 112;129; with the exception of the alkalinity data contained on pages 3502 and 3503, Exhibit 137 is received. 4:55 p.m. Court in recess.

Total Time: 3 hours 25 minutes. Bench Trial continued.