024031P.pdf   06/02/2004  Fortune Funding  v.  Ceridian Corp.
   U.S. Court of Appeals Case No:  02-4031
   District of Minnesota   
   Civil case - contracts. Under the lease agreement in questions, the 
   Lessee was obligated to return the property in the same condition it 
   received it as the beginning of the lease, and it was not obligated to make 
   repairs caused by ordinary wear on the office tower; even if the lease is 
   interpreted as a triple net lease, the specific language of the repair and 
   maintenance clause would control the general net lease clause; regarding 
   claim that the lessee misrepresented the condition of the building in 1985, 
   the time the lease began, the district court did not err in excluding 
   evidence of the condition of the building's curtain wall in 1997 to 2000, 
   as that evidence was not relevant to the conditions in 1985 and had the 
   potential to confuse and mislead the jury. 
   [PUBLISHED] [Riley, Author, with Lay and M. Arnold, Circuit Judges]