In re Rainard

LEAHY, Senior District Judge.

1. Rainard, Bancroft’s employee, was questioned on deposition on the degree of control Bancroft had over the North Carolina litigation. Spunize’s counsel, at oral argument, stated, if answered, Rainard’s testimony could be used in the North Carolina suit as admissions against Duplan. But only, I think, is this so if it has first been established that Bancroft is in control of the North Carolina litigation.

The nature or degree of Bancroft’s control of the North Carolina litigation can be properly elicited from Duplan. If such information established privity between…