Estate of Marguerite M. Cranor, Deceased, John R. Phillips, Jr., Administrator ad Litem - Page 4

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          containing the petition with FedEx on Friday, September 3, 1999.            
          C.   FedEx Procedures for “Hold Saturday” Service                           
               FedEx offers standard overnight service and priority                   
          overnight service.  Both of these services guarantee delivery the           
          next business day for items sent from Nashville to Washington,              
               According to terms stated on the back of the recipient’s               
          copy of the September 3 airbill, the sender (i.e., Reynolds)                
          agreed to be subject to the FedEx service guide.  The FedEx                 
          service guide states that if a package is marked “Hold Saturday”,           
          FedEx will hold it for Saturday pickup by the recipient at a                
          FedEx location specified by the sender.                                     
               Reynolds addressed the September 3 airbill to the Tax Court;           
          he did not specify a FedEx office to hold the item.  The FedEx              
          service guide states that a sender who wants a package to be held           
          for pickup must write on the airbill the address of the FedEx               
          location where the package is to be held.  The airbill attached             
          to the September 3 envelope states below the lines on which the             
          sender writes the address of the recipient:  “(To ‘HOLD’ at FedEx           
          location, print FedEx address here)”.  Even though Reynolds used            
          the Tax Court address (instead of a FedEx location), FedEx                  
          treated the envelope petitioner sent on September 3 as a “hold at           
          location” shipment and did not deliver it.                                  
               The FedEx service guide states that Saturday “hold at                  
          location” service is not available for items sent by standard               

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