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The postal clerk responded that the parcel would be postmarked as
requested.
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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Last modified: May 25, 2011