Cynthia Anne Delgado, Ex Ux, Plaintiff-appellee, v. Wal-mart Stores, Inc., Defendant-appellant, 42 F.3d 1399 (9th Cir. 1994)

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U.S. Court of Appeals for the Ninth Circuit - 42 F.3d 1399 (9th Cir. 1994) Submitted Sept. 15, 1994. *Decided Dec. 16, 1994

Before: POOLE and NOONAN, Circuit Judges, HAGEN,**  District Judge.

MEMORANDUM*** 

Wal-Mart appeals from judgment awarding Delgado $239,328.00 for loss of future earning capacity. Wal-Mart argues that the district court erred in compensating Delgado for loss of future earning capacity the court did not believe she would otherwise have used. Wal-Mart's contention ignores Arizona law. See Rossell v. Volkswagen of America, 709 P.2d 517, 529 (Ariz.1985), cert. denied, 476 U.S. 1108 (1986).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and 9th Cir.R. 34-4

 **

The Honorable David Warner Hagen, United States District Judge for the District of Nevada, sitting by designation

 ***

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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