Echo Acceptance Corp. v. Household Retail Services, Inc.

267 F.3d 1068 (2001)

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Echo Acceptance Corp. v. Household Retail Services, Inc.

United States Court of Appeals for the Tenth Circuit
267 F.3d 1068 (2001)

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Facts

Echo Acceptance Corporation and Echosphere Corporation (collectively, Echo) (plaintiffs) sued Household Retail Services, Inc. (HRSI) (defendant) for breach of contract. HRSI proffered as evidence three letters drafted by HRSI lawyers in anticipation of the litigation. The trial judge barred the evidence, ruling the letters constituted legal posturing rather than admissible business records within the meaning of the Federal Rule of Evidence 803(6) business records exception to the hearsay rule. The jury found in favor of Echo. HRSI appealed to the United States Court of Appeals for the Tenth Circuit, arguing, among other things, that the judge erred in excluding the letters from evidence.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

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