The following excerpt is from Romero v. Phoenix Marine Services, Inc., 905 F.2d 1541 (9th Cir. 1990):
We review the district court's decision to exclude evidence for an abuse of discretion. United States v. Burreson, 643 F.2d 1344, 1349 (9th Cir.), cert. denied, 454 U.S. 847 (1981). Here, the photographs offered into evidence were of a different barge which had completed mooring at the dock in question and was in the process of receiving fuel. Although the court expressed its satisfaction with the similarity between the barge in the photographs and that on which Romero worked, it nevertheless excluded the photographs because of the "tremendous differences in exhibit 5 as to what is the described situation between the relative positions of the barge in the pictures and that described in this incident...."
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