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SHERMAN v. WINCO FIREWORKS, INC.

Nos. 07-2267, 07-2393.

532 F.3d 709 (2008)

Margaret SHERMAN; Richard Sherman, Appellants/Cross-Appellees, v. WINCO FIREWORKS, INC.; Winco Fireworks International, LLC., Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2008.

Attorney(s) appearing for the Case

Michael F. Coyle, argued, David J. Stubstad and Patrick S. Cooper, on the brief, Omaha, NE, for appellant.

Mark J. Daly, argued, Scott E. Daniel and MaryBeth Frankman, on the brief, Omaha, NE, for appellee.

Before WOLLMAN, HANSEN, and MELLOY, Circuit Judges.

[PUBLISHED]

HANSEN, Circuit Judge.

Margaret and Richard Sherman appeal the district court's grant of Winco Fireworks, Inc.'s motion to amend its answer, which allowed Winco to plead an affirmative federal-law preemption defense more than seventeen months after the deadline for amending pleadings. The Shermans also challenge the district court's exclusion of expert testimony and the district court's failure to give...

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