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043926P.pdf   12/23/2005  Rosa Lopez, et al.  v.  James Construction
   U.S. Court of Appeals Case No:  04-3926
   Eastern District of Arkansas   
   [PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
Criminal Case - diversity. Judgment finding construction company performing work for the state 40% liable for a traffic accident in a construction zone is affirmed. Construction company is not protected from acquired-immunity doctrine based on testimony that company had performed according to plan because jury could find company performed negligently and district court did not err in denying post-judgment motion. District court did not abuse its discretion in instructing jury according to model instruction.