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KIEFFER v. WESTON LAND, INC.

No. 95-8046.

90 F.3d 1496 (1996)

Richard KIEFFER, Plaintiff-Appellee, v. WESTON LAND, INC., a Wyoming corporation, Defendant/Third Party Plaintiff-Appellant, v. COCA-COLA WEST, INC., Third Party Defendant.

United States Court of Appeals, Tenth Circuit.

July 23, 1996.

Attorney(s) appearing for the Case

Patrick Frank Crow of Whitley & Crow, Newcastle, Wyoming (Donald A. Porter of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, South Dakota, with him on the briefs), for Defendant-Appellant Weston Land, Inc.

Robert R. Rose, III of Rose, Rose & O'Donnell, Cheyenne, Wyoming, for Plaintiff-Appellee.

Before BALDOCK, LOGAN and BRISCOE, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Richard Kieffer brought this diversity action seeking damages for injuries he suffered when he received an electrical shock from a vending machine at a restaurant owned by defendant, Weston Land, Inc.1 A jury found in favor of plaintiff and awarded him $50,000. On appeal defendant argues that the district court erred in (1) allowing plaintiff's electrical expert to testify to an opinion based on speculation...

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