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011178P.pdf   04/16/2002  Jerry Ross  v.  Garner Printing Co.
   U.S. Court of Appeals Case No:  01-1178
   Southern District of Iowa   
Civil case - contracts. While district court arguably erred in refusing to give an instruction on after-acquired evidence of misconduct by terminated plaintiff, the other instructions adequately covered the issue and there is no indication jury did not consider the conduct; under Iowa law plaintiff was not required to prove he performed his duties under the contract and burden rests on employer to prove affirmative defense that it had good cause for dismissal; instruction that plaintiff had no duty to mitigate damages was not erroneous; district court did not err in excluding evidence of alleged attempt to bribe a witness as defendant failed to move to modify the pre-trial order in order to make the evidence admissible; judge's comment to jury that they would have to return to deliberate on Monday morning did not amount to coercion.