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NATIONAL ENVIRONMENTAL SERV. v. RONAN ENG.

No. 99-5206.

256 F.3d 995 (2001)

NATIONAL ENVIRONMENTAL SERVICE COMPANY, an Oklahoma corporation, Plaintiff-Appellant, v. RONAN ENGINEERING COMPANY, a foreign corporation, Defendant-Appellee, and Motorola, Inc., a Delaware corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

July 13, 2001.

Attorney(s) appearing for the Case

Joe M. Fears, (Robert J. Bartz with him on the briefs) of Barber & Bartz, P.C., Tulsa, Oklahoma, for Plaintiff-Appellant.

Craig W. Hoster, (Alexander F. King with him on the brief) of Crowe & Dunlevy, Tulsa, Oklahoma, for Defendant-Appellee.

Before SEYMOUR and McWILLIAMS, Circuit Judges, and BELOT, District Judge.

SEYMOUR, Circuit Judge.

National Environmental Service Company (NESCO) sued Ronan Engineering for negligence and breach of contract after Ronan failed to deliver a leak detection system for underground fuel storage tanks. The jury found no contract had been breached, and determined that while both parties had been negligent in their dealings, NESCO's negligence outweighed that of Ronan. NESCO appeals, contending the district court erred in its rulings on two evidentiary...

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