KIPOURAS et al. V. BARNHOUSE et al. - Page 8

          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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