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TAMPA BAY WATER v. HDR ENGINEERING, INC.

No. 12-14600.

731 F.3d 1171 (2013)

TAMPA BAY WATER, a regional water supply authority, Plaintiff-Appellant, v. HDR ENGINEERING, INC., a Nebraska corporation, Defendant-Cross Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 23, 2013.

Attorney(s) appearing for the Case

Richard A. Harrison, Law Office of Richard A. Harrison, PA, Tampa, FL, Cynthia S. Tunnicliff, Pennington, PA, Tallahassee, FL, for Plaintiff-Appellant.

Arthur J. England, Jr., Arthur J. England, Jr., P.A., Coral Gables, FL, James K. Hickman, Timothy D. Woodward, Forizs & Dogali, PA, Tampa, FL, David C. Kent, Wayne B. Mason, Kurt W. Meaders, Cori Steinmann, Sherman Vance Wittie, Sedgwick, LLP, Dallas, TX, Barry Richard, Greenberg Traurig, LLP, Tallahassee, FL, for Defendant-Appellee.

Before BARKETT and MARCUS, Circuit Judges, and HUCK, District Judge.

MARCUS, Circuit Judge:

Appellant Tampa Bay Water ("TBW") challenges three pretrial rulings that preceded its defeat at trial in this diversity case. The subject matter of the lawsuit was a reservoir, owned by TBW, which developed large cracks in its earthen embankments shortly after construction. TBW sued several defendants, including HDR Engineering ("HDR") and Barnard Construction Company ("Barnard"), alleging that HDR defectively designed the reservoir and that...

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