042035P.pdf   05/13/2005  Nebraska Plastics  v.  Holland Colors etal.
   U.S. Court of Appeals Case No:  04-2035
                          and No:  04-2180
   District of Nebraska   
   Civil Case - diversity. District court's grant of judgment as a matter of 
   law on jury award of future damages is affirmed as district court did not 
   abuse its discretion in rejecting the expert witness's assumptions and 
   evidence presented was not reasonably certain to allow jury to determine 
   temporal limitations, likelihood original owner would bring warranty 
   claims and rate of deterioration of product. District court's reduction of 
   award pro tanto for recovery from codefendant was proper, as Nebraska 
   would adhere to pro tanto settlement credit rule. Challenge to recovery of 
   payment on counterclaim was no properly objected to at trial and is thus 
   waived; error was not plain and reversable error. Objection to 
   submission of negligent design, manufacture and supply claim was not 
   properly preserved and did not constitute plain error. 
   [PUBLISHED] [Gruender, Author, with M. Arnold and Bowman, 
   Circuit Judges]