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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