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is dated May 7, 1996, and is signed by petitioner's
attorney. The envelope in which the petition was received
by the Court is not torn or damaged, and there are no
markings indicating that additional postage was due or that
the normal delivery of the envelope was delayed. The
parties agree that the normal delivery time for a properly
addressed envelope sent from Austin, Texas, to Washington,
D.C., is 3 days.
On May 7, 1996, the mailboxes in petitioner's building
were located in the basement. Sometime thereafter, the
mailboxes were moved to a location down the hall from
petitioner's office. While it is unclear from the record
exactly when that move occurred, it is clear that the move
had taken place by July 11, 1996, the date on which
petitioner filed Petitioner's Response To Respondent's
Motion To Dismiss, and the date of Ms. Mosley's affidavit
attached thereto (Ms. Mosley's affidavit).
Over the years, petitioner has had several different
postal meters, and each meter has had a different serial
number. On May 7, 1996, petitioner was using a postal
meter with the number 5048754. Sometime after May 28,
1996, the date Ms. Mosley returned from her vacation, a
Pitney Bowes representative replaced petitioner's postal
meter with one bearing the number 5037718.
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