made while the first law was in effect, he waived any privilege against self-incrimination he might have asserted.
Whether or not plaintiff violated the public policy of Maryland in making the tape, no law mandates that its contents be inadmissible as evidence in this Court. The federal wiretapping law does not exclude the tape, because Parker was a party to the conversation. See 18 U.S.C. § 2511(2)(d). Maryland courts also would not exclude a tape recording where the law violated was the pre-July 1977 statute and consent to the taping was given by at least one party to the conversation. See Smith v. State of Maryland, 283 Md. 156, 389 A.2d 858, 860-61 (1978), aff'd, 442 U.S. 735, 61 L. Ed. 2d 220, 99 S. Ct. 2577 (1979). Accordingly, defendant may not object to the requests on the ground that they would be inadmissible evidence or would not lead to admissible evidence.
For the foregoing reasons, it is this 14th day of January, 1983,
ORDERED That defendant B. & O.'s motion to compel production be and it is hereby denied, and it is further
ORDERED That plaintiff's motion to compel requests to admissions be and it is hereby granted, and it is further
ORDERED That within one day of the filing of this order, the plaintiff shall surrender to his attorney any and all tapes of conversations with B. & O. employees that have not been disclosed to defendant. Plaintiff shall also relinquish any notes or transcriptions made from the tapes. Neither plaintiff, his attorney, nor any individual connected with either person may listen to the tapes or read the notes of transcriptions from the date of the filing of this order until such time as the Court lifts this requirement, and it is further
ORDERED That plaintiff's counsel shall file a statement of compliance with the Court's order within three days of the date of filing of the order, and it is further
ORDERED That defendant's request for attorney's fees incurred in connection with its motion to compel be and it is hereby denied.