April 26, 1996
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1649
GEM REALTY TRUST,
Plaintiff, Appellant,
v.
FIRST NATIONAL BANK OF BOSTON, ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Shane Devine, Senior U.S. District Judge]
Before
Torruella, Chief Judge,
Cyr and Boudin, Circuit Judges.
James H. Gambrill, with whom Engel, Gearreald and Gardner, P.A.
was on brief for appellant.
Bruce W. Felmly, with whom Byrne J. Decker and McLane, Graf,
Raulerson & Middleton, P.A. were on brief for appellees.
Per Curiam. GEM Realty Trust appeals from a district
Per Curiam.
court judgment based on a jury verdict dismissing its
challenge to a mortgage foreclosure sale conducted by First
National Bank of Boston against certain New Hampshire real
property owned by GEM. On appeal, GEM presses various objections
to the district court's jury instructions and evidentiary rul-
ings. Following full briefing and oral argument, we affirm the
district court judgment and comment briefly on but two claims
raised by GEM on appeal.
A careful review of the record and the controlling New
Hampshire precedent persuades us that the district court fairly
and accurately conveyed the governing principles of New Hampshire
law in its instructions to the jury. See Davet v. Maccarone, 973
F.2d 22, 26 (1st Cir. 1992), for our standard of review, and
Murphy v. Financial Dev. Corp., 495 A.2d 1245 (N.H. 1985), for
the applicable law. And the district court did not abuse its
discretion, Bates v. Shearson Lehman Bros., 42 F.3d 79, 83 (1st
Cir. 1994), either by excluding the marginally probative and
potentially confusing evidence relating to the first forbearance
agreement between the parties, see Fed. R. Evid. 401-03, or by
sustaining the Bank's hearsay objection, see Fed. R. Evid. 801,
to the Katsaros real estate appraisal as plainly cumulative in
light of other appraisals before the jury, see id. 403.
Accordingly, the district court judgment is affirmed.
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