The following excerpt is from Lamonica v. American Home Products Corp., 877 F.2d 64 (9th Cir. 1989):
Id. (internal citations omitted). We look to the instructions as a whole to determine whether the jury was adequately instructed. Underhill v. Royal, 769 F.2d 1426, 1433 (9th Cir.1985). We review de novo a district court's failure to submit a proper instruction; the failure to submit a proper and required instruction is reviewed for harmless error. Hasbrouck v. Texaco, 830 F.2d 1513, 1523 (9th Cir.1987).
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