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112719P.pdf   02/01/2013  American Family Mutual Ins. Co  v.  Richard Hollander
   U.S. Court of Appeals Case No:  11-2719
   U.S. District Court for the Northern District of Iowa - Dubuque   
   [PUBLISHED] [Bye, Author, with Beam and Benton, Circuit Judges]
   Civil case - Contracts. Defendant impliedly consented to trying
   plaintiff's unpleaded Iowa Wage Payment Collection Act claim; district
   court did not abuse its discretion in granting plaintiff's Rule 15(b)(2)
   motion to amend the pleadings to add the claim because it was tried by
   implied consent and the amendment did not prejudice defendant; district
   court did not abuse its discretion by awarding plaintiff attorneys' fees
   under the Act; challenged to jury instructions rejected. Judge Beam,
   concurring in part and dissenting in part.