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HUFF v. WHITE MOTOR CORP.

Nos. 78-2540, 78-2541.

609 F.2d 286 (1979)

Helen L. HUFF, Administratrix of the Estate of Jessee Huff, Deceased, Plaintiff-Appellee, Cross-Appellant, v. WHITE MOTOR CORPORATION, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 9, 1979.

Attorney(s) appearing for the Case

Hugh Watson, Indianapolis, Ind., for defendant-appellant, cross-appellee.

Windle Turley, Dallas, Tex., for plaintiff-appellee, cross-appellant.

Before SPRECHER, Circuit Judge, GEWIN, Senior Circuit Judge, and TONE, Circuit Judge.

TONE, Circuit Judge.

In the trial of this diversity action for wrongful death, the court excluded a statement of the plaintiff's decedent, made while he was hospitalized for treatment of the injuries from which he later died. We hold that unless the declarant was not mentally competent when he made the statement, it should have been admitted under the so-called residual exception to the hearsay rule established by Rules 803(24) and 804(b)(5) of the Federal Rules of...

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