In re Master Key Antitrust Litigation

*109RULING ON MOTION TO EXCLUDE DEFENDANT EATON CORPORATION’S DESIGNATION OF TRIAL TESTIMONY

BLUMENFELD, District Judge.

Defendant Eaton has noticed its intention to introduce a record of the prior testimony of A. H. Brownell, Roger A. Graham and William H. Neale at the trial on the issue of liability which is scheduled to commence on September 14, 1976.

Plaintiffs object to the submission of this prior testimony, and have moved in limine to exclude it on the ground that it is inadmissible hearsay.

The issue revolves around an interpretation of Rule 804(b)(1), Fed. R. of Evid., which allows prior…