Plaintiffs will also offer Allen's testimony to the following effect:

"After this suit was filed, we wanted to decide once and for all whether there was a source that was dumping Tripto-T into Cripple Creek. So we asked the Madison and Franklin State Environmental Agencies to investigate. When the inspector from the Madison agency went to inspect and test at Thompson Tannery, he invited me to come along. When we were there, we had lunch in the employees' lunch area. I spoke to a fellow wearing a Thompson Tannery workshirt with the name 'Mel' embroidered above the breast pocket, who was eating next to me. He said he was in charge of a machine for dying hides, and also was the assistant head of the company's recreation program."

"He showed me a soccer ball, pointed to a grassy area behind the plant, and said that the employees often played soccer there during their lunch periods. He said 'We won't today, though, because it rained this morning, and the field always gives off an overpowering odor like limburger cheese after a rain storm.'"

[Other evidence will tend to show that earth that contains Tripto-T will smell like limburger cheese when it is soaked.]

Which (if any) of these elements are true, and which (if any) false?

"Mel's" statement is inadmissible because made during the lunch period.

"Mel's" statement might be admissible as a present sense impression.

There is inadequate evidence of "Mel's" agency and scope to satisfy 801(d)(2)(D).

Allen's testimony incorporating "Mel's" statement is admissible under 801(d)(2)(D).