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Bohler-Uddeholm America, Inc. v. Ellwood Group, Inc.

United States Court of Appeals for the Third Circuit
247 F.3d 79 (2001)


Bohler-Uddeholm America, Inc. (Uddeholm) (plaintiff) sued Ellwood Group, Inc. (Ellwood) (defendant) in the United States District Court for the Western District of Pennsylvania for breach of contract and other torts arising from a business venture involving both companies. Uddeholm proffered as evidence an affidavit given in 1994 by Uddeholm's former president, Bo Jonsson, who by then had left the company. The affidavit contradicted Ellwood's assertions about what took place during key meetings Jonsson attended on Uddeholm's behalf. Jonsson died in 1996, before the trial began. The district court made extensive findings in support of its decision to admit Jonsson’s affidavit pursuant to Federal Rule of Evidence 807, the residual or catchall exception to the hearsay rule. The jury found for Uddeholm. Ellwood appealed to the United States Court of Appeals for the Third Circuit, arguing, among other things, that the district court abused its discretion in admitting Jonsson's affidavit under Rule 807.

Rule of Law


Holding and Reasoning (Becker, C.J.)

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