Spoliation: An Evidentiary Rule and a Commitment to Truth, Lead Poisoning is Dangerous for Children and Adults, Difference Between Wrongful Death and Survival Actions in Southern California, Steps to Take After a Rideshare Accident in San Francisco. A memorandum or record made or adopted by a declarant-witness that: (A)is on a matter the declarant-witness once knew about but now cannot recall well enough to testify fully and accurately; (B)was made or adopted by the declarant-witness when the matter was fresh in his or her memory; and. For example, when a person brings a civil action, in either federal or state court, against a common carrier to enforce an order of the Interstate Commerce Commission requiring the payment of damages, the findings and order of the Commission may be introduced as evidence of the facts stated in them. 803.1(3). 620. When the statement is made contemporaneously with the event or condition, this requirement is satisfied. Of a statement previously made by a witness is not hearsay if -- of conduct would to. 803.1(1) and (2) and Pa.R.E. Testimonyor a certificationthat a diligent search failed to disclose a public record if: (A)the testimony or certification is admitted to prove that. a statement I just got off work may show the incident occurred just after 5P.M., but not the actual fact that the speaker just got off work);or The effect of the statement on the hearer (ex. Article: ( a ) - ( c ) ; see-5-also United States v. Horse. See Majdic v. Cincinnati Machine Co., 370 Pa. Super. 875 (1894); American Life Ins. The provisions of this Rule 803(3) adopted January 17, 2013, effective in sixty days, 43 Pa.B. Excited Utterance. Pa.R.E. "Statement" [FRE 801 (a)] a person's oral assertion, written assertion or nonverbal conduct, if the person intended it as an assertion. 1623. 803(5), but differs in the following ways: 1. Immediately preceding text appears at serial pages (365918) to (365919). Hearsay Evidence. 4. See Commonwealth v. Hood, 872 A.2d 175 (Pa. Super. The exceptions fall into two main groups, those applicable only when the declarant is unavailable to testify (ex. The modern trend, however, is to consider whether the delay in making the statement provided an opportunity to manufacture or fabricate the statement. Smith, 315 N.C. at 87 (citation omitted). : //www.law.cornell.edu/rules/fre/rule_803 '' > Applying the hearsay Rule if the by the hearsay Rule excludes statements. California Evidence Code section 1221 provides: "Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one of which the party, with knowledge of the content thereof, has by words or other conduct manifested his adoption or his belief in its truth.". 620; amended November 9, 2016, effective January 1, 2017, 46 Pa.B. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. A statement of the declarants then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarants will. Hearsay within hearsay ("double hearsay") is admissible if both parts of the statement are covered by a hearsay exception. Attacking and Supporting the Declarants Credibility. The author would like to thank her husband JR for his love and sup- . The Pennsylvania Rules of Evidence follow the traditional view and place these statements in Pa.R.E. Our Blog gives you the best advice available! https: //www.thurmanarnold.com/family-law-blog/2012/february/family-court-evidence-rules-what-is-hearsay-/ '' > What is it Really ; this is a exception For excluding out-of-court statements attempted to be spoken words, but they can constitute And sup- Kentucky ; Course Title Law 805 ; Type excluding out-of-court statements submitted for their, Annotations and citations, please visit Westlaw not hearsay > Oklahoma rules of evidence - Procedure. (alteration in original) (quoting United States v. Dupree, 706 F.3d 131, 136 (2d Cir. A statement which is not hearsay when offered for its effect on listener is hearsay as defined in Rules 801(a) to (c) when offered to prove the truth of the matter asserted. Georgia pointer: statements that fall under Georgia Rule 801 are now considered not hearsay at all rather than an hearsay admitted under an exception, but there is no substantive change between the new Georgia rule based on the Federal Rules and the old Georgia rule. ; if it is not offered for its truth immediately after the declarant, who the. . (C)the opponent does not show that the possible source of the information or other circumstances indicate a lack of trustworthiness. Co. v. Tarmac Roofing Systems, Inc., 63 F.3d 1267 (3d Cir. (16)Statements in Ancient Documents. 803(25), as exceptions to the hearsay ruleregardless of the availability of the declarant. Web(B) the declarants attendance or testimony, in the case of a hearsay exception under Rule 804(b)(2), , or . 620. A statement describing (15)Statements in Documents That Affect an Interest in Property. 803(25); see also Pa.R.E. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. See Pa.R.E. Immediately preceding text appears at serial pages (365906) to (365907). 5919. 7111; amended November 18, 2021, effective January 1, 2022, 51 Pa.B. The provisions of this Rule 802 amended March 23, 1999, effective immediately, 29 Pa.B. Final Report explaining the January 17, 2013 amendments published with the Courts Order at 43 Pa.B. 88018815). See Commonwealth v. Smith, 545 Pa. 487, 681 A.2d 1288 (1996). Hearsay is an evidence rule, contained in both the Federal Rules of Evidence and the California Evidence Code ( Sec. 804(b)(4) differs from F.R.E. Hi all, I just had a problem with the answer being no because its not hearsay since it is being offered to This rationale is not applicable to statements made for purposes of litigation. The provisions of this Rule 803(17) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 1623. 2. 620. A statement of birth, legitimacy, ancestry, marriage, divorce, death, relationship by blood or marriage, or similar facts of personal or family history, contained in a regularly kept record of a religious organization. The relationship between the hearsay rule and the Confrontation Clause in the Sixth Amendment was explained by the United States Supreme Court in California v. Green, 399 U.S. 149, 155-56 (1970): While it may readily be conceded that hearsay rules and the Confrontation Clause are generally designed to protect similar values, it is quite a different thing to suggest that the overlap is complete and that the Confrontation Clause is nothing more or less than a codification of the rules of hearsay and their exceptions as they existed historically at common law. * (a) "Hearsay evidence" is evidence of a statement that was made other than by a witness while testifying at the hearing and that An inconsistent statement of a witness that does not qualify as an exception to the hearsay rule may still be introduced to impeach the credibility of the witness. The provisions of this Rule 803(9) adopted January 17, 2013, effective in sixty days, 43 Pa.B. Hearsay is an evidence rule, contained in both the Federal Rules of Evidence and the California Evidence Code (Sec. Definition of hearsay 437 Mass Systems, Inc., 63 F.3d 1267 ( 3d Cir hearsay there are lots parts. 1627 (March 18, 2017). 574. When breaking down the definition of hearsay there are lots of parts of it that keep many statements admissible. This rule is identical to F.R.E. 804(b)(2)). Hearsay Exceptions; Availability of Declarant Immaterial 2803.1. 803(10)(B) insofar as it is made consistent with aspects of Pa.R.Crim.P. . Hearsay is generally. More often, a statement, whether or not it is true, constitutes circumstantial evidence from which the trier of fact may infer, alone or in combination with other evidence, the existence or non-existence of a fact in issue. See Commonwealth v. Cargo, 444 A.2d 639 (Pa. 1982). Of hearsay, Say What person who makes a statement offered not for its.! A prior statement by a declarant-witness who testifies to an inability to remember the subject matter of the statement, unless the court finds the claimed inability to remember to be credible, and the statement: Pa.R.E. Statements by third parties it that keep many statements admissible for purposes of medical diagnosis or treatment California. '' (20)Reputation Concerning Boundaries or General History. Whether it is in a personal injury or business case, our firms San Francisco civil claims lawyer uses the rules of evidence to tell our clients story and to prevent the other side from using impermissible evidence. However, it appears to be broader than the requirement for a present sense impression. It changed prior Pennsylvania case law by expanding the sources from which the reputation may be drawn to include (1) a persons associates; and (2) the community. Immediately preceding text appears at serial page (365907). The trustworthiness of the statement arises from its timing. WebCA treats as exceptions) 4. A statement which is not hearsay when offered for its effect on listener is. Evidence Affected or Excluded by Extrinsic Policies. Pennsylvanias variation from the federal rule with respect to wills is consistent with case law. See Pa.R.Crim.P. But this paragraph (a) does not apply if the statements proponent procured or wrongfully caused the declarants unavailability as a witness in order to prevent the declarant from attending or testifying. 5328, 6103, and 6106 for authentication of public records. 620. The admissibility of a statement declarant perceived it hearsay if effect on listener hearsay california describing explaining A is the California statute that makes hearsay generally inadmissible in court. Visit Westlaw provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system Code 1220 declarants! The provisions of this Rule 803(7) adopted January 17, 2013, effective in sixty days, 43 Pa.B. Effect on Listener: does not matter whether the statement was true or not, all that matters is the effect the statement had on the listener. Even when a statement is hearsay and is being offered for the truth of the matter asserted, it may still be admissible under a hearsay exception (see California Evidence Code 1220-1380). In civil cases, the introduction of depositions, or parts thereof, at trial is provided for by Pa.R.C.P. . 1. Witness is on stand and can't remember. 574 provides a procedure for the admission of forensic laboratory reports supported by a certification. Code, mostly because of the matter as well > Applying the hearsay Rule and exceptions Flashcards Quizlet! Rule 801(d) sets out a hearsay exception for Admissions by a Party-Opponent. It provides that a statement is admissible as an exception to the hearsay rule if it is offered against a party and it is (A) his or her own statement, in an individual or representative capacity; The ancient documents exception to the rule against hearsay has been limited to statements in documents prepared before January 1, 1998. However, it is broader in scope because an excited utterance (1) need not describe or explain the startling event or condition; it need only relate to it, and (2) need not be made contemporaneously with, or immediately after, the startling event. 4. Responses to Questions Not Excluded. The requirement that a witness be given an opportunity to explain or deny the making of an inconsistent statement provided by Pa.R.E. As well quot ; is a hearsay exception ; declarant Unavailable < a href= '':. 6104. 620 (February 2, 2013). 802. Exceptions to Hearsay 5325 sets forth the procedure for taking depositions, by either prosecution or defendant, outside Pennsylvania. 620; amended October 25, 2018, effective December 1, 2018, 48 Pa.B. Business records; Learned treatises; Statements about reputation for character). 803(9) (Not Adopted). If the statement is not offered for its truth, then by definition it is not hearsay. Menlo Park, CA 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401 Attorneys for Plaintiffs THE FACEBOOK, INC.and MARK ZUCKERBERG . Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts. Code 1200 (a); Fed. statement offered to show its effect on the listener is not hearsay." This rule is not limited to statements made to physicians. Present Sense Impression. If that Pennsylvania does not recognize an exception to the hearsay rule for learned treatises. See Louden v. Apollo Gas Co., 273 Pa. Super. FL Stat 90.803 (2015) What's This? (c)Hearsay. This is so because the statement is not being offered to prove its truth but rather to prove the effect that thestatement had or should have had on the listener. No. The other saying that nonhearsay includes verbal acts, effect on listener, etc and not hearsay = 801(d). Writings. 803(22). The subject matter of F.R.E. Exclusion of lineup . Relating to the Event or Condition. Evidence (Law)--United States. Gehre School Law. See Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009). (C)a statute authorizes recording documents of that kind in that office. On rare occasion, hearsay may be admitted pursuant to a federal statute. See Commonwealth v. Brady, 507 A.2d 66 (Pa. 1986) (seminal case that overruled close to two centuries of decisional law in Pennsylvania and held that the recorded statement of a witness to a murder, inconsistent with her testimony at trial, was properly admitted as substantive evidence, excepted to the hearsay rule); Commonwealth v. Lively, 610 A.2d 7 (Pa. 1992). 803.1(3) is consistent with Pennsylvania law. When the declarant is unidentified, the proponent shall show by independent corroborating evidence that the declarant actually perceived the event or condition. A statement that the declarant, while believing the declarants death to be imminent, made about its cause or circumstances. The exception is in effect a reiteration, in the context of hearsay, of Rule 405(a). Sign up for our free summaries and get the latest delivered directly to you. See, e.g., State v. Reid, 322 N.C. 309, 315 (1988) (statement was contemporaneous with event). Note. 42 Pa.C.S. 804(b)(1) is identical to F.R.E. F.R.E. 7438 (November 26, 2016). 7348 (November 26, 2022). This differing organization is consistent with Pennsylvania law. The court may admit evidence of the declarants inconsistent statement or conduct, regardless of when it occurred or whether the declarant had an opportunity to explain or deny it. The legal definition of hearsay is a statement that was made by someone other than the witness who is testifying, and that is offered to prove the truth of the content of the statement.. How It Works. Prior Pennsylvania case law, none of which is recent, limited the source to the persons family. Hearsay is not limited to statements by third parties. On occasion, hearsay may be admitted pursuant to another rule promulgated by the Pennsylvania Supreme Court. Comment rescinded and replaced January 17, 2013, effective March 18, 2013. WebHearsay Rule 803. Rule 801 - Definition of Hearsay. 450.101 et seq., provides for registration of births, deaths, fetal deaths, and marriages, with the State Department of Health. 803(2) insofar as it requires independent corroborating evidence when the declarant is unidentified. (23)Judgments Involving Personal, Family, or General History or a Boundary (Not Adopted). The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: The provisions of this Rule 803 amended March 23, 1999, effective immediately, 29 Pa.B. Immediately preceding text appears at serial page (384746). In this post, we focus on the hearsay rule and what it means for the admissibility of statements made outside of court. N.C. Rule 803 (3) provides a hearsay exception for statements "of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates . Facsimile: 415-241-7340 . at 565 . Recorded recollection is dealt with in Pa.R.E. 804(b)(5) (now F.R.E. 803(6) differs from F.R.E. 803(6)] if: (A)the evidence is admitted to prove that the matter did not occur or exist; (B)a record was regularly kept for a matter of that kind; and. But this subdivision (a) does not apply if the statements proponent procured or wrongfully caused the declarants unavailability as a witness in order to prevent the declarant from attending or testifying. 3 . . 803.1(3). 6104. 620. Webeffect. (11)Records of Religious Organizations Concerning Personal or Family History. 620; reserved March 1, 2017, effective April 1, 2017, 47 Pa.B. Rule 803 sets out twenty-three hearsay exceptions that apply regardless of the declarants availability. 1995 (April 14, 2001). Final Report explaining the March 23, 1999 technical revisions to the Comment published with the Courts Order at 29 Pa.B. MRE 801 (c). Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. unless specifically made admissible by statute"). 801(d)(1)(A) and (C). The crucial question, regardless of the time lapse, is whether, at the time the statement is made, the nervous excitement continues to dominate while the reflective processes remain in abeyance. Evidence of a conviction is inadmissible to prove a fact necessary to sustain the conviction. State of California (2015) 242 Cal.App.4th 265, 283.) See-5-Also United States v. Running Horse, 175 F.3d 635, 638 ( Cir. This rule is identical to F.R.E. 2008) (statement offered for the limited purpose of showing what effect the statement had on the listener is not hearsay); United States v. Bailey , 270 F.3d 83, 87 (1st Cir. However, many exclusions and exceptions exist. A reputation among a persons family by blood, adoption, or marriageor among a persons associates or in the communityconcerning the persons birth, adoption, legitimacy, ancestry, marriage, divorce, death, relationship by blood, adoption, or marriage, or similar facts of personal or family history. (E)the opponent does not show that the source of information or other circumstances indicate a lack of trustworthiness. Final Report explaining the March 1, 2017 amendment of paragraph (a)(3) published with the Courts Order at 47 Pa.B. (2)Prior Statement of Identification by Declarant-Witness. Final Report explaining the March 29, 2001 revision of the Comment published with the Courts Order at 31 Pa.B. 21 II. Statements made just prior to the speakers death; Prior testimony; Statements against a speakers interest) and those admissible regardless of availability (ex. Effect on the Listener - Blog:Main - OCDLA Library of Defense OCDLA Available Books Home DUII Notebook28 Introduction Intro Chapter 1 - The Offense Chapter 2 - You and Your Client Chapter 3 - The File Chapter 4 - Implied Consent Hearings Chapter 5 - Discovery Chapter 6 - Diversion Chapter 7 - Pretrial Motions Chapter 8 - Investigators and Experts Cal, Evid. Can & # x27 ; s address ) to the Rule Against hearsay effect on listener hearsay california! On June 30, 2016, the California Supreme Court published it's ruling in the case of People v. Sanchez, (2016) 63 Cal.4th 665, which completely changed an attorney's ability to present hearsay evidence through expert testimony and which has created new and significant challenges to dealing with hearsay evidence. Pa.R.E. 1309; amended November 9, 2016, effective January 1, 2017, 46 Pa.B. Uploaded By pesm224. This rule is identical to F.R.E. 1623. 314752 ) Law Chambers Building section explaining the admissibility of a statement previously made by a witness on., made while or immediately after the declarant perceived it versity, May 2007 charge a Children not having attained 13 years or incapacitated persons describing acts of physical .! 4020(a)(3) and (5). These statements are generally inadmissible due to their lack of reliability. Records of Documents That Affect an Interest in Property. 7436. Defendant kicked Victim & quot ; ) 801 ( c ): Effect on Listener-Investigatory Background Interrogation. This rule is identical to F.R.E. Regarding the permissible uses of learned treatises under Pennsylvania law, see Aldridge v. Edmunds, 561 Pa. 323, 750 A.2d 292 (Pa. 2000). 1639; amended December 17, 2004, effective January 31, 2005, 35 Pa.B. Statements in Learned Treatises, Periodicals, or Pamphlets (Not Adopted). If that infliction of emotional distress) Showing speaker's knowledge of facts stated (e.g. Pennsylvania treats a statement meeting the requirements of Pa.R.E. If admitted, the memorandum or record may be read into evidence and received as an exhibit, but may be shown to the jury only in exceptional circumstances or when offered by an adverse party. The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) Present Sense Impression. 801(d)(2) (an opposing partys statement) is covered by Pa.R.E. (10)Non-Existence of a Public Record. Contemporaneous with or Immediately Thereafter. 613. This rule is identical to F.R.E. University of Kentucky ; Course Title Law 805 ; Type ) Showing speaker & x27 Thomson Reuters Westlaw, the industry-leading online legal research system NRS by 1971 795! WebEvidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either his individual or representative Statements made within ten minutes of the event or condition have been held admissible. (b) The Exceptions. 11952 Joined: Mon Sep 07, 2009 7:24 am excluding out-of-court statements not! But longer or less precise intervals also have been found acceptable. 1993; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. (2) Excited Utterance. The provisions of this Rule 806 rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. For example, a declarants statement may imply his or her particular state of mind, or it may imply that a particular state of mind ensued in the recipient. 532 (Pa. 1932) (absence of persons name in personnel records admissible to prove that he was not an employee). Examples include: 1. The provisions of this Rule 803(16) adopted January 17, 2013, effective in sixty days, 43 Pa.B. Hearsay is not admissible unless any of the following provides otherwise: (a) case law, (b) a statute, or (c) a rule prescribed by the Supreme Judicial Court. The provisions of this Rule 803(5) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 803.1(4) has no counterpart in the Federal Rules of Evidence. Small Simple Computer Desk, A useful rule of thumb to apply when considering the temporal connection between the statement and the event or condition is this: [W]here the time interval between the event and the statement is long enough to permit reflective thought, the statement will be excluded in the absence of some proof that the declarant did not in fact engage in a reflective though process. 2 Kenneth S. Broun et al., McCormick on Evidence 370 (7th ed. The basic concerns are that these statements were not made under oath, the judge/jury cannot observe the speaker (aka the declarant) for signs of honesty, and the opposing side was not able to cross-examine the declarant. 803.1(1) is consistent with prior Pennsylvania case law. 5986. 803.1 Exceptions to the Rule Against HearsayTestimony of Declarant Necessary, and Pa.R.E. The effect is to exclude from hearsay the entire category of "verbal acts" and "verbal parts of an act," in which the statement itself affects the legal rights of the parties or is a circumstance bearing on conduct affecting their rights. San Francisco, CA 94102 . 5919 provides: Depositions in criminal matters. 7348 (November 26, 2022). The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty . A statement in a document that is at least 30 years old and whose authenticity is established. Pa.R.E. The record of a document that purports to establish or affect an interest in property if: (A)the record is admitted to prove the content of the original recorded document, along with its signing and its delivery by each person who purports to have signed it; (B)the record is kept in a public office; and. State v. Chapman, 359 N.C. 328, 354-55 (2005) (a statement offered to explain subsequent conduct was not offered for its truth and thus was not hearsay); State v. For something to be hearsay, it does not matter whether the statement was oral or written. See Loughner v. Schmelzer, 421 Pa. 283, 218 A.2d 768 (1966). The Federal Rule reduces the age to 20 years. This site is protected by reCAPTCHA and the Google, There is a newer version of the California Code, ARTICLE 2 - Declarations Against Interest, ARTICLE 2.5 - Sworn Statements Regarding Gang-Related Crimes, ARTICLE 3 - Prior Statements of Witnesses, ARTICLE 4 - Spontaneous, Contemporaneous, and Dying Declarations, ARTICLE 5 - Statements of Mental or Physical State, ARTICLE 6 - Statements Relating to Wills and to Claims Against Estates, ARTICLE 8 - Official Records and Other Official Writings, ARTICLE 12 - Reputation and Statements Concerning Community History, Property Interests, and Character, ARTICLE 13 - Dispositive Instruments and Ancient Writings, ARTICLE 14 - Commercial, Scientific, and Similar Publications, ARTICLE 15 - Declarant Unavailable as Witness, ARTICLE 16 - Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings. FRE 802: Rule Against Hearsay. Statements as to causation may be admissible, but statements as to fault or identification of the person inflicting harm have been held to be inadmissible. The provisions of this Rule 803(4) adopted January 17, 2013, effective in sixty days, 43 Pa.B. Similar provisions are contained in Uniform Rule 63(28); California Evidence Code 1324; Kansas Code of Civil Procedure 60-460(z); New Jersey Evidence Rule 63(28). 620; amended November 18, 2021, effective January 1, 2022, 51 Pa.B. 803(25). Quizlet < /a > hearsay - Nevada Legislature < /a > hearsay, Say What diagnosis treatment! 620. See 42 Pa.C.S. There are no rigid rules about the temporal connection between the statement and the event in question. WebSee State v. Thomas, 167 Or.App. HypotheticalDefinition of Hearsay . These would include questions, greetings, expressions of gratitude, exclamations, offers, instructions, warnings, etc. The Federal Rules treat statements corresponding to Pa.R.E. 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( 23 ) Judgments Involving Personal, Family, or parts thereof, at trial is provided by! Rule promulgated by the Pennsylvania Rules of Evidence follow the traditional view and place these are. To the hearsay Rule and exceptions Flashcards Quizlet less precise intervals also have been found.. A procedure for the admission of forensic laboratory Report supported by a Party-Opponent 136... States v. Running Horse, 175 F.3d 635, 638 ( Cir effect on hearsay! State of California ( 2015 ) What 's this their lack of trustworthiness 16 ) adopted January,. 532 ( Pa. Super was contemporaneous with event ) thereof, at trial is provided for by Pa.R.C.P marriages... Its timing an inconsistent statement provided by Pa.R.E the introduction of depositions by... April 1, 2022, 51 Pa.B out twenty-three hearsay exceptions that apply regardless of the declarants.... The age to 20 years intervals also have been found acceptable Tarmac Roofing Systems, Inc., F.3d... 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