Michael London - Page 32

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             testify, and, thus, there is no basis to claim his                       
             unavailability on the ground that he persisted in refusing               
             to testify in the face of an order of the Court to do so.                
             Moreover, respondent asserts that, even if the Court finds               
             that Mr. London is unavailable, his deposition in the                    
             wrongful levy suit is not the type of former testimony                   
             described by rule 804(b)(1) of the Federal Rules of                      
             Evidence because the purpose of the deposition was to                    
             investigate Mrs. London's claim of an interest in two                    
             brokerage accounts, neither of which was included as an                  
             asset in the net worth statement used in these cases.                    
                  Notwithstanding respondent's objection to the                       
             introduction of the entire deposition into evidence,                     
             respondent proffered approximately 11 pages of the                       
             deposition as an admission by a party opponent.  In                      
             response, petitioners argue that if this portion of the                  
             deposition is accepted into evidence, then rule 106 of                   
             the Federal Rules of Evidence requires the receipt of the                
             entire deposition into evidence on the ground that the                   
             entire deposition "ought in fairness to be considered                    
             contemporaneously with" the portion introduced by                        

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