Destroyers and starfighters

Reference no: EM133682186

Question

Plaintiffs will offer the testimony of Sammy McGwire, president of the youth baseball league, to the following effect,

"I was filling in as third base umpire in the playoff game between the Destroyers and the Starfighters. I wandered over to the Starfighters' dugout between innings for a drink of water, and overheard their manager who was speaking to someone on his cell phone. He said, 'I don't care if everyone in town likes that kind of cheese. It's my daughter's birthday party. She and I both think it smells terrible. It reminds me of the way that the field in back of the plant smells after it rains." [Soil that contains Tripto-T will smell like limburger cheese when soaked.]

McGwire will identify the manager of the Starfighters as Dominic O'Mara. O'Mara is the superintendent of buildings and grounds at the tannery.

Would O'Mara's statement satisfy the requirements of 801(d)(2)(D)?

Reference no: EM133682186

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