BECKER, Circuit Judge, concurring in the judgment. I agree with the majority that Lippay failed to lay a sufficient foundation for admission of the challenged portion of Mrs. Lip-pay’s testimony under Fed.R.Evid. 801(d)(2)(D), and that the admission of this evidence was not harmless. Consequently, as the majority concludes, unless the district court determines on remand that Christos is entitled to judgme…
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