The following excerpt is from Sturgis v. Columbia Steel Fabricators, Inc., 974 F.2d 1343 (9th Cir. 1992):
We review the district court's formulation of jury instructions for abuse of discretion. United States v. Beltran-Rios, 878 F.2d 1208, 1214 (9th Cir.1989). We determine "whether, considering the charge as a whole, the court's instructions fairly and adequately covered the issues presented, correctly stated the law, and were not misleading." Thorsted v. Kelly, 858 F.2d 571, 573 (9th Cir.1988).
The court instructed the jury, in pertinent part as follows:
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