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party admissions, not hearsay. Fed. R. Evid. 801(d)(2)(C).
Issue 1(d). Testimony of Gregg Kunkowski
At trial, Gregg Kunkowski's testimony about Alice Berger's
statements of ownership was admitted for the purpose of proving
that Alice Berger held herself out as a joint owner. Alice
Berger asserts that the testimony is hearsay and objects to its
use to prove that she was an owner of the Woodbine business.
Respondent asserts that it is a party admission. See Fed. R.
Evid. 801(d)(2).
We find that Alice Berger's statements to Gregg Kunkowski
are party admissions, not hearsay. Fed. R. Evid. 801(d)(2)(A).
Although Alice Berger's admissions of joint ownership in the
Woodbine business do not conclusively establish her ownership,
they are strong evidence that she held herself out as an owner
and that she accepted the benefits and burdens of ownership.
Issue 2. Duress
The settlement agreement of March 14, 1989, between Howard
and Alice Berger provided that they would file a joint income tax
return for 1988 and share equally in any resulting tax savings.
When Alice Berger appeared in the Chancery Court with
counsel on March 14, 1989, she testified that she understood the
terms of the settlement agreement, that she had participated in
its negotiation, that the settlement agreement was fair and
equitable, that no one had compelled her to accept its terms, and
that she would abide by them if they were made a part of the
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