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JOSEPH v. TERMINIX INTERN. CO.

No. 92-3348.

17 F.3d 1282 (1994)

Alan JOSEPH and Brenda Joseph, Plaintiffs-Appellants, v. TERMINIX INTERNATIONAL COMPANY, Limited Partnership, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 23, 1994.

Attorney(s) appearing for the Case

Robert T. Cornwell, Wichita, Kansas, for Plaintiffs-Appellants.

Thomas J. Lasater (Jordan E. Clay with him on the brief) of Fleeson, Gooing, Coulson & Kitch, Wichita, Kansas, for Defendant-Appellee.

Before BRORBY, HOLLOWAY, and KELLY, Circuit Judges.

BRORBY, Circuit Judge.

Alan and Brenda Joseph appeal a trial court ruling denying the introduction of newly discovered evidence and an Order denying their motion for a new trial. We have jurisdiction under 28 U.S.C.A. § 1291 and affirm.

BACKGROUND

This is a diversity action involving Kansas tort law. The Josephs contracted with Terminix, in 1978, to treat their house against termite infestation. The contract provided

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