Donna J. Hendley - Page 3




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          known as Impressive Greetings, located at 1225 South Alma School            
          Road, Mesa, Arizona.  Mr. Williams further states that, at the              
          time he mailed the petition, he saw the clerk affix a postmark on           
          the envelope.                                                               
               This matter was called for hearing at the Court's motions              
          session in Washington, D.C.  Counsel for respondent appeared at             
          the hearing and offered argument in support of respondent's                 
          motion to dismiss.  Although no appearance was entered by or on             
          behalf of petitioner at the hearing, petitioner did file a                  
          written statement with the Court pursuant to Rule 50(c).                    
          Following the hearing, the Court directed the parties to file               
          responses providing additional details regarding the postal                 
          services provided at Impressive Greetings.                                  
               Both parties filed responses as directed by the Court.                 
          Respondent’s response was accompanied by a declaration executed             
          by Michael J. Noggle (Mr. Noggle), identified as a co-owner of              
          Impressive Greetings.  Mr. Noggle’s declaration states that the             
          services provided by Impressive Greetings as a contract postal              
          unit are the equivalent of services provided by the U.S. Postal             
          Service.  The declaration further states that the contract postal           
          unit at Impressive Greetings processes regular, priority, and               
          express mail, as well as registered and certified mail.  With               
          regard to the practices and procedures employed by the contract             
          postal unit at Impressive Greetings, the declaration states:                





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