Oliver E. Stubblefield - Page 23

                                   - NEXTRECORD  -                                    
               Second, we think it remarkable that petitioner's notebook              
          reflects that petitioner worked Tuesdays, Wednesdays, and                   
          Fridays, and only Tuesdays, Wednesdays, and Fridays, throughout             
          the year.  After all, petitioner was not attending the University           
          of Houston during the spring semester of 1991 and he was only               
          enrolled in two classes during the fall semester.  Nothing in the           
          record suggests that petitioner could not have worked, either               
          regularly or occasionally, on Thursdays and/or Saturdays.15  Yet            
          the manner in which petitioner structured his notebook, with the            
          rigid columns for only Tuesdays, Wednesdays, and Fridays,                   
          indicates that no possibility whatsoever existed that petitioner            
          might work, even just once, on a Thursday or Saturday.                      
               Third, petitioner's notebook indicates that petitioner                 
          worked on the first Tuesday of January 1991.  However, the first            
          Tuesday of January 1991 was New Year's Day.  The barber shop was            
          closed on that date and petitioner did not work.                            
               Fourth, petitioner's notebook misdated the first Tuesday of            
          January 1991 as January 2.  Petitioner's notebook also misdated             
          the first Tuesday-Friday period as January 2-5, rather than                 
          January 1-4, and similarly misdated the Tuesday-Friday periods              
          for the next 3 weeks of the month.                                          



          15 It should be recalled that the barber shop had 4 barber                  
          chairs and that only petitioner, his father, and a cousin worked            
          there.  Thus, there was always room for petitioner to work.                 




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