Tebarco Mechanical Corporation - Page 17

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          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 is             




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