MURRAH, Chief Judge.
Two related questions are presented on this appeal: (1) whether the trial court erroneously refused to instruct on a matter not within the pre-trial order, but about which some testimony was admitted without objection; and (2) whether the trial court abused its discretion by excluding a defense witness not mentioned in the pre-trial order.
The claim, based on diversity and requisite amount in controversy, is that the appellant, Case, and...
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