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5. The main post office branch in Mesa, Arizona
picks up mail from our contract postal unit twice a
day. Once at 2:15 p.m., and again at 4:30 p.m. The
4:30 p.m. pick-up is the last mail pick-up of the day.
There is a visible sign on the wall in the back of the
contract postal unit telling customers that the pick-up
times are at 2:15 p.m. and 4:30 p.m.
6. Impressive Greetings is open for business until
5:00 p.m. Monday through Friday.
* * * * * * *
8. Our policy is to turn our hand-stamp postmark
date to the next day at 4:30 p.m. This way, any mail
that goes out with the 4:30 p.m. mail has the current
day’s postmark on it. The mail that arrives after the
main post office has done their pickup should have the
following day’s postmark on it. The changing of the
postmark date stamp at this time is in conformity with
the direction of the Mesa, Arizona, United States Post
Office. We are not supposed to predate or postdate
mail. The postmark should reflect the date that the
mail will be picked up from our establishment by the
Mesa, Arizona, United States Post Office.
Mr. Noggle’s declaration includes a sample of the postmark used
by the postal contract unit at Impressive Greetings. The sample
postmark matches the postmark on the envelope bearing the
petition in this case.
This matter was called for a second hearing at the Court's
motions session in Washington, D.C. Counsel for respondent again
appeared and offered argument in support of respondent’s motion
to dismiss. Although no appearance was entered by or on behalf
of petitioner at the hearing, petitioner again filed a written
statement with the Court pursuant to Rule 50(c).
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Last modified: May 25, 2011