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Wajda v. Kingsbury9/10/2002
s discretion to permit the jury to make an unfavorable inference from that fact.
DECISION
The district court did not abuse its discretion by imposing sanctions in the form of a jury instruction permitting an adverse inference against the city for failure to produce the tape recording when the city had exclusive control and possession of the tape, when the tape was critical to the case, and when the destruction prejudiced respondents.
Affirmed.
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