Interference No. 103,029
As part one of the Kipouras motion to suppress,
Kipouras seeks to suppress Barnhouse exhibits BX-5 to BX-41 on
the ground of hearsay. Kipouras also objects to the
declaration of Marasch appearing at BR33 to BR36 on a similar
ground. The cross-examination testimony of Marasch makes
clear that the business records exception of the Federal Rules
of Evidence §803(6) is inapplicable to these documents, and
that these documents and the accompanying Marasch declaration
are properly suppressed.
Marasch stated on cross-examination that in about
March 1989 he began a program to collect documents that would
be useful in a priority contest with respect to Goodrich’s
Stat-Rite product. BR111-12. The document search lasted
approximately one month. BR120. Marasch found documents in
the files at the Avon Lake Technical Center under custody of
the librarian. However, he also obtained files at Avon Lake
from Barnhouse’s desk and a technician’s desk. BR117. He
further obtained documents from the customer files at
Goodrich’s marketing department, and he reviewed, what we must
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