EDWARD N. SCRUGGS, Retired Circuit Judge.
An evidentiary problem is presented for decision.
The complaint charged the defendant with false representations in the sale of a tractor-truck in 1975 to the plaintiff, the negligent repair of the truck and the breach of an implied warranty as to repairs made. The plaintiff's evidence substantiated the averments of his complaint. Prior to offering the deposition of their former used truck manager, the defendant made...
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