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

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

Document 292

Filed 02/15/2006

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 15, 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 Three 8:08 a.m. Court in session. Robert Troyer Gene Riordan Don Sherwood Counsel: John Barth Randall Weiner

Continued direct examination of Mr. Lewis by Mr. Barth. EXHIBITS: Received: Bates page 3033-3035, 3038-3042 of exhibit 97; 199; 402; 342. 10:03 a.m. 10:23 a.m. Court in recess. Court in session.

Continued direct examination of Mr. Lewis by Mr. Barth. EXHIBITS: Received: Bates pages 4042, 4068, and 4069 of Exhibit 196. The Court does not receive these as containing any expert opinion. These are instead received for the sole purpose of establishing that Mr. Lewis made a presentation to a regulatory agency with regard to water flow coming down the El Paso Shaft and through the Roosevelt Tunnel and as to the constituents of that flow. Rejected: Bates 2068 through 2074 of Exhibit 56. Cross examination of Mr. Lewis by Mr. Troyer. EXHIBITS: Rejected: 604 12:03 p.m. Court in recess.

Case 1:00-cv-02325-MSK-MEH Courtroom Minutes Judge Marcia S. Krieger Page 2 1:47 p.m. Court in session.

Document 292

Filed 02/15/2006

Page 2 of 2

Continued cross examination of Mr. Lewis by Mr. Troyer. EXHIBITS: Received: Exhibit 592, is received as a court order approving an agreement between two parties in Civil Action No. 96-cv-166 pending before the district court, County of teller, State of Colorado. Exhibit 606 with the following limitations: The Court does not regard the characterization in the tabular columns as being statements of fact. They are characterizations. 2:56 p.m. 3:16 p.m. Court in recess. Court in session.

Continued cross examination of Mr. Lewis by Mr. Troyer 4:11 p.m. Court in recess.

Total Time: 5 hours 39 minutes. Bench Trial continued.