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                        as a courtesy to the reader. They are not part of the opinion of the court.

102977P.pdf   08/30/2011  Paula Dupont  v.  Fred's Stores of Tennessee
   U.S. Court of Appeals Case No:  10-2977
   U.S. District Court for the Western District of Arkansas - Harrison   
   [PUBLISHED] [Riley, Author, with Melloy and Shepherd, Circuit Judges]
   Civil case - Torts. Defendant's failure to plead contributory negligence
   did not make all evidence regarding plaintiff's conduct excludable, and the
   district court did not abuse its discretion by denying plaintiff's motion in
   limine; district court did not err in refusing to give plaintiff's res ipsa
   loquitur instruction as plaintiff failed to establish defendant had exclusive
   control of the items at the time the items fell and injured her; no error in
   giving an instruction based on Arkansas Model Jury Instructions 305B
   and 602. Judge Melloy, dissenting.