Reference no: EM133682181

Question

Concrete Paving Co. is the defendant in a civil antitrust proceeding brought by the federal government. In order to succeed, the government must prove that Concrete conspired with at least one other paving company to allocate public paving contracts among co-conspirators and to rig bids.

The government offered the testimony of Alfred Waterfield, supplier of sand and gravel for Ridgewood Paving, to the following effect.

I was in the office of Bob Ridgewood, president of Ridgewood Paving. I told him that I thought we could give him a lower price for the yards of sand that he was currently ordering from us if he got the Chickstown job, and ordered the sand for that from us as well. He asked me to wait in his office while he made the call.

He then picked up his phone, and called a number. He asked to speak with Phil Sanders [the name of the president of Concrete Paving]. He then said, "Do you think you could get him on the car radio?" He said, "Then ask him whether anyone else will bid on the Chickstown job." He apparently waited on the phone, and a few minutes later, said, "Thanks for the great news," and hung up the phone.

He then turned to me and said that Sanders had not been in the office, but that the secretary reached him on the car radio. She told him that "Mr. Sanders says the air is clear in Chickstown."

Which of the following made an out-of-court statement incorporated in Waterfield's testimony?