Gerry Dan and Kelly M. Langston - Page 6

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            The postal clerk responded that the parcel would be postmarked as                         
                  The Court is satisfied that the testimony of petitioners'                           
            witness and the representations of their attorney are credible,                           
            and that the petition was mailed by counsel for petitioners on                            
            September 12, 1996.  Counsel for respondent, at the hearing,                              
            agreed that "Petitioner has provided sufficient, credible                                 
            evidence that the petition was mailed on September 12th".  The                            
            Court holds, therefore, that petitioners have sustained their                             
            burden of proving that their petition was timely mailed.                                  
            Respondent's motion, therefore, will be denied.                                           

            An appropriate order                                                                      
            will be issued.                                                                           

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