Edward C. and Margaret C. Chang - Page 6

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          deposited in San Jose on November 5, 1996, would ordinarily be              
          received in Washington, D.C.                                                
               As a result, petitioners must show in the alternative that             
          (1) the petition was actually deposited in the mail on or before            
          November 5, 1996, prior to the last collection of mail, (2) that            
          the delay in receiving the petition was due to a delay in the               
          transmission of the mail, and (3) the cause for such delay.                 
               As proof that the petition was mailed on November 5, 1996,             
          petitioners' attorney, Basil Boutris, testified on their behalf.            
          Mr. Boutris testified that his office inadvertently failed to               
          "calendar" the Chang case, and as a result he did not discover              
          that the petition needed to be filed until November 5, 1996, the            
          last day prescribed for filing.  He testified that he accordingly           
          prepared a petition, used a private postage meter in an adjacent            
          law office for postage so as to insure the envelope bore the                
          correct date, and then personally took the envelope containing              
          the petition to the post office because it was election day and             
          he was traveling that way to vote.  According to Mr. Boutris, he            
          took the petition to the Meridian Branch of the San Jose Post               
          Office at approximately 5:30 p.m. and handed it to a postal                 
          employee who reviewed the privately metered date on the envelope            
          and dropped it in the bin.                                                  
               This testimony is consistent with the policy of the U.S.               
          Postal Service to check the accuracy of the date stamped on                 
          privately metered mail and only stamp the envelope with a U.S.              




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