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L & W SUPPLY CORP. v. ACUITY

No. 05-6845.

475 F.3d 737 (2007)

L & W SUPPLY CORPORATION, Plaintiff-Appellant, v. ACUITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 23, 2007.

Attorney(s) appearing for the Case

ON BRIEF: John H. Dwyer, Jr., Pedley, Zielke, Gordinier & Pence, Louisville, Kentucky, for Appellant. Joseph L. Hardesty, Bethany A. Breetz, Matthew Arnold Gillies, Stites & Harbison, Louisville, Kentucky, for Appellee.

Before BOGGS, Chief Judge; MARTIN, Circuit Judge; OLIVER, District Judge.

OPINION

OLIVER, JR., District Judge.

L & W Supply Corp. ("L & W") appeals the order of the district court in this diversity contract action awarding appellee Acuity ("Acuity") costs for expert witness fees. For the reasons which follow, we reverse the district court's decision.

I.

L & W, a material supplier to a subcontractor on a construction project, brought two separate actions...

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