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031790P.pdf   03/11/2004  Winthrop Resources  v.  Eaton Hydraulics
   U.S. Court of Appeals Case No:  03-1790
   District of Minnesota   
   Civil case - contracts. District court did not err in interpreting the 
   default provisions of theparties' computer equipment lease or in finding 
   defendant was in default for failing to make timely payments; casualty 
   loss provision of the lease was an enforceable liquidated-damages 
   provision rather than an impermissible penalty clause; court would not 
   consider the issue of whether the provision applied to equipment on 
   terminated lease schedules as it was not raised in the trial court; record 
   materials not part of the trial court record would be stricken from the 
   record on appeal. 
   [PUBLISHED] [Smith, Author]