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In re Yoder Co.

United States Court of Appeals for the Sixth Circuit

758 F.2d 1114 (6th Cir. 1985)

Relevant factsFree

Yoder Company (Yoder) (plaintiff) filed bankruptcy and set a deadline for creditors' proofs of claim, which products-liability claimant Mark Bratton (defendant) missed by eight months, later explaining he never received notice of the deadline. Yoder countered that notice had been properly mailed to Bratton's attorney's address; Bratton's attorney testified under oath that he never actually received it. The bankruptcy court nonetheless relied on the presumption that a properly addressed mailing is received, granting Yoder's request to expunge Bratton's late claim, and the district court affirmed.

IssueFree

Whether, under Federal Rule of Evidence 301, a presumption retains any probative effect once it has been rebutted.

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