Opus 3 Ltd. v. Heritage Park, Inc.

91 F.3d 625 (1996)

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Opus 3 Ltd. v. Heritage Park, Inc.

United States Court of Appeals for the Fourth Circuit
91 F.3d 625 (1996)

Facts

Heritage Park, Inc. (defendant) hired Opus 3 Ltd. (plaintiff) to renovate an apartment complex. Bryan Mack, a general contractor, served as Heritage Park’s on-site representative. Opus 3 submitted invoices for extra work that Mack had approved. Heritage Park refused to pay, arguing that Mack was an independent contractor who lacked the authority to approve changes. Heritage Park designated Mack as an expert witness. At trial, Opus 3 sought to sequester Mack while other witnesses testified, pursuant to Federal Rule of Evidence 615. Heritage Park objected, contending that Mack was an expert witness who should be exempt from sequestration because he needed to hear the testimony on which he would be giving an opinion. The court sequestered Mack. The jury found for Opus 3, and Heritage Park appealed.

Rule of Law

Issue

Holding and Reasoning (Niemeyer, J.)

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