033914P.pdf   12/13/2004  Dairy Farmers  v.  Travelers Ins. Co.
   U.S. Court of Appeals Case No:  03-3914
   Western District of Missouri   
   Civil case - insurance. District court did not abuse its discretion in 
   refusing to instruct the jury on the additional breach of fiduciary duty 
   claims requested by plaintiff, as the district court's decision was 
   reasonable and consistent with this court's first opinion in the case; 
   further, the additional claims were not supported by admissible proof; 
   district court did not err in refusing to submit plaintiff's special 
   verdicts; district court did not err in refusing to submit plaintiff's 
   damages theory instruction as the instructions which were given were an 
   accurate statement of Missouri law and the proposed damage instruction was 
   without legal authority; claim that the jury verdict was inconsistent was 
   waived by plaintiff's failure to object before judgment was entered; even 
   if the argument was not waived, a finding of liability combined with a 
   refusal to award damages does not constitute an inconsistent verdict, 
   especially in light of plaintiff's reliance on speculative damage evidence 
   and a legally-unsupported theory of damages. 
   [PUBLISHED] Riley, Author, with Lay and Smith, Circuit Judges]