Gary D. and Johnean F. Hansen - Page 21

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                                       OPINION                                        
          I.  Evidentiary Issues                                                      
               As a preliminary matter, we address evidentiary issues                 
          raised by the parties in the stipulations of facts.  Petitioners            
          and respondent reserved objections to a number of the exhibits              
          and paragraphs contained in the stipulations, all on the grounds            
          of relevancy.  We address here those objections that were not               
          withdrawn by the parties at trial.  Federal Rule of Evidence 4024           
          provides the general rule that all relevant evidence is                     
          admissible, while evidence which is not relevant is not                     
          admissible.  Federal Rule of Evidence 401 provides that                     
          “‘Relevant evidence’ means evidence having any tendency to make             
          the existence of any fact that is of consequence to the                     
          determination of the action more probable or less probable than             
          it would be without the evidence.”  While certain of the exhibits           
          and stipulated facts are given little to no weight in our finding           
          of ultimate facts in this case, we hold that the exhibits and               
          stipulated facts meet the threshold definition of “relevant                 
          evidence” under Federal Rule of Evidence 401, and that the                  
          exhibits and stipulated facts therefore are admissible under                
          Federal Rule of Evidence 402.  Accordingly, to the extent that              




          4The Federal Rules of Evidence are applicable in this Court                 
          pursuant to sec. 7453 and Rule 143(a).                                      





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