National Paralegal Inst. Coalition - Page 11

               The reply letter doctrine, applying the general dictates of              
          the knowledge principle in rule 901(b)(4) of the Federal Rules of             
          Evidence, has been utilized to authenticate the source of reply               
          correspondence by examining indicia therein of its purported                  
          author’s knowledge of referenced or acknowledged prior                        
          correspondence.  See Winel v. United States, supra at 648; see                
          also United States v. Henry, supra at 1309; Purer & Co. v.                    
          Aktiebolaget Addo, supra at 875.  Analogously, circumstantial                 
          evidence involving the responsive nature of petitioner’s                      
          subsequent August 31, 2004, letter supports the inference here                
          that petitioner received the prior disputed letter.                           
               Accordingly, we shall grant respondent’s motion to dismiss               
          this case for lack of jurisdiction.                                           
               To reflect the foregoing,                                                

                                         An order of dismissal for lack                 
                                    of jurisdiction will be entered.                    

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Last modified: May 25, 2011