The following excerpt is from Research Laboratories v. United States, 167 F.2d 410 (9th Cir. 1948):
Testimony of experts that is based upon tests or experiments made by them does not come within the ambit of the McAnnulty rule. In Elliott Works v. Frisk, D.C.Iowa, 58 F.2d 820, 825, the problem was fully and lucidly discussed:
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