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WEIR v. FEDERAL INS. CO.

Nos. 83-2057 & 83-2080.

811 F.2d 1387 (1987)

Walter D. WEIR and Janet D. Weir, Plaintiffs, v. FEDERAL INSURANCE COMPANY, Defendant and Third Party Plaintiff-Appellant, Cross-Appellee, v. WHIRLPOOL CORPORATION, Third Party Defendant-Appellee, Cross-Appellant, and Mesa TV and Appliance, Inc., Third Party Defendant.

United States Court of Appeals, Tenth Circuit.

February 19, 1987.

Attorney(s) appearing for the Case

Thomas H. Barrows (Theresa A. Villanueva, Barrows & Sisun, P.C., Denver, Colo., was also on the briefs) Barrows & Sisun, P.C., Denver, Colo., for appellant and cross-appellee.

Peter C. Forbes (Gregory L. Williams, Rothgerber, Appel, Powers & Johnson, Denver, Colo., was also on the briefs) Rothgerber, Appel, Powers & Johnson, Denver, Colo., for appellee and cross-appellant.

Before McKAY, McWILLIAMS and TACHA, Circuit Judges.

TACHA, Circuit Judge.

This is an appeal from a jury verdict awarding Federal Insurance Company (Federal) $98,207.30 in damages in its subrogation action against the Whirlpool Corporation (Whirlpool). Federal appeals from the denial of prejudgment interest by the district court. Whirlpool alleges error in the instructions to the jury, certain evidentiary rulings, and the denial of a directed verdict or judgment n.o.v. Recent decisions of the Colorado courts show that...

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