- 17 - Cir. 1947). This is especially true where, as here, the party failing to produce such evidence has the burden of proof. Id. at 1165. Moreover, numerous invoices found in petitioner's books and records clearly establish that petitioner stored materials in its warehouse, which it used to complete its work at various job sites. At trial, petitioner objected on the grounds of hearsay to the inclusion in the record of numerous exhibits placed in the stipulation by respondent. We received the exhibits subject to oral reservation. The exhibits referred to and included in the stipulation were petitioner's business records produced pursuant to respondent's subpoena duces tecum. On brief, petitioner withdrew its objections to all of the exhibits except the following: 72-BT, 73-BU, 84-CF, 85-CG, and 86-CH. Petitioner contends that respondent is using hearsay statements from several of the exhibits to prove that petitioner maintains a warehouse full of materials, and that petitioner sold such materials from its warehouse to customers. Petitioner admits that the stipulated exhibits, which are composed mostly of petitioner's purchase orders, are not inherently untrustworthy. Rather, petitioner contends that they are merely untrustworthy when offered by respondent to prove matters that are collateral to the material information conveyed by the documents. Furthermore, petitioner argues that its "control over the stipulated business records does not negate the hearsay that isPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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