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admissions. See Fed. R. Evid. 801(d)(2). We agree with
respondent.
Rule 801(d) of the Federal Rules of Evidence provides that
"A statement is not hearsay if--* * * (2) Admission by party-
opponent.--The statement is offered against a party and is * * *
(B) a statement of which * * * [he] has manifested * * * [his]
adoption or belief in its truth".
Alice Berger signed Exhibit 46-AT, the 1-1/2 page employment
agreement, which was
made this 1st day of December, 1986, between ALICE
BERGER and HOWARD BERGER, husband and wife, and owners
of the Woodbine Cemetery and Mausoleum, * * *
hereinafter referred to as the "employers", and GREGG
KUNKOWSKI, * * * hereinafter referred to as the
"employee".
Alice Berger's attorney, Dr. Forgotson, drafted, and Alice
Berger signed, Exhibit 57, an answer to Howard Berger's motions
for restraint, which was filed with the Superior Court of New
Jersey in the Bergers' divorce action. In five different places,
the answer describes the Woodbine business as "jointly" owned.
On or about September 22, 1987, Dr. Forgotson drafted and
signed, and Alice Berger signed, Exhibit 58, a letter sent to
Gregg Kunkowski at the Woodbine business office. The letter is
from Dr. Forgotson and states:
Alice Berger has instructed me to advise you that as a
joint owner of the Woodbine Cemetery & Mausoleum
business, you are instructed not to make any payments
on behalf of Howard Berger and/or Susan Moorehouse, for
any reason, without the consent of Alice Berger. * * *
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