Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 56

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                                       OPINION                                        
          Evidentiary Matters                                                         
               We deal first with the admissibility of certain facts and              
          exhibits to which the parties stipulated, but as to which the               
          parties preserved evidentiary objections in the stipulations of             
          facts.  At trial, we admitted those facts and exhibits into                 
          evidence conditionally, subject to our ruling on their admis-               
          sibility.                                                                   
               The bases for most of the objections in the stipulations of            
          facts are that certain stipulated facts and exhibits are inadmis-           
          sible under rule 402 of the Federal Rules of Evidence because               
          they are not relevant as defined in rule 401 of those rules and             
          that, if such facts and exhibits are relevant, they are in any              
          event inadmissible under rule 403 of those rules.  We have                  
          examined each of the stipulated facts and exhibits in question              
          and find each of them to be relevant.  Fed. R. Evid. 401.  In               
          addition, we find that the probative value of each of those facts           
          and exhibits outweighs any potential for unfair prejudice,                  
          confusion, or other basis for inadmissibility stated in rule 403            
          of the Federal Rules of Evidence.  Accordingly, we overrule all             
          of the parties' evidentiary objections based on rules 401, 402,             
          and 403 of the Federal Rules of Evidence.                                   
               Each party also objected in the stipulations of facts to               







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