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WEIL v. CITIZENS TELECOM SERVICES COMPANY, LLC

No. 16-35813.

922 F.3d 993 (2019)

David WEIL, Plaintiff-Appellant, v. CITIZENS TELECOM SERVICES COMPANY, LLC; Frontier Communications Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2019.

Attorney(s) appearing for the Case

Terry A. Venneberg (argued), Gig Harbor, Washington; Kenneth R. Friedman , Friedman Rubin , Bremerton, Washington; for Plaintiff-Appellant.

Lindbergh Porter Jr. (argued), Littler Mendelson P.C., San Francisco, California; James G. Zissler and Breanne Sheetz Martell , Littler Mendelson P.C., Seattle, Washington; for Defendants-Appellees.

Before: Jay S. Bybee and N. Randy Smith, Circuit Judges, and John Antoon II, District Judge.

OPINION

Hearsay does not include statements offered against a party, made by that party's employee on a matter within the scope of the employee's employment, so long as the statement was made while the employee was still employed by that party. Fed. R. Evid. 801(d)(2...

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