Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 184

                                                 - 82 -                                                    
            because petitioner cited that article in his trial memorandum and                              
            furnished a copy to respondent approximately two weeks prior to                                
            the trial of these cases.  Even assuming arguendo that petitioner                              
            were to satisfy the third and fifth conditions (set forth above)                               
            which are imposed by rule 803(24) of the Federal Rules of Evi-                                 
            dence and to which petitioner's argument is addressed, he has not                              
            attempted to show that the other conditions for admissibility of                               
            the newspaper article that are imposed by rule 803(24) of the                                  
            Federal Rules of Evidence are satisfied.                                                       
                  For example, we are not persuaded that the newspaper article                             
            possesses circumstantial guarantees of trustworthiness equivalent                              
            to other classes of hearsay governed by rule 803 of the Federal                                
            Rules of Evidence.  The statement in that article concerning                                   
            "back-to-back loan structures" seems to be nothing more than a                                 
            repetition of what the declarant in the newspaper article was                                  
            told by Price Waterhouse, which clearly is hearsay, and the mere                               
            fact of its publication in a newspaper is not in itself suffi-                                 
            cient to establish its trustworthiness.  Cf. Meschino v. North                                 
            American Drager, Inc., 841 F.2d 429, 434 (1st Cir. 1988).  Be-                                 
            cause we find that the newspaper article does not possess cir-                                 
            cumstantial guarantees of trustworthiness equivalent to other                                  
            classes of admissible hearsay, we need not consider the other                                  
            requirements of rule 803(24) of the Federal Rules of Evidence.                                 


            55(...continued)                                                                               
            not allow because of potential prejudice to respondent.                                        




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