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Burnham Van Service

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Citation Edit

Burnham Van Service, Inc., 98 M.C.C. 58 (1965).

Factual Background Edit

The applicant sought a certificate to authorize its trucking operations in various states to proceed over some irregular routes. The application was based on public convenience and necessity. Applicant introduced some IBM data cards as evidence of the claimed public necessity. Certain competitors objected to the admissibility of such evidence, claiming that they did not meet the requirements of the business records statutes.

Court Proceedings Edit

The court held that the IBM cards, prepared in the regular course of business, were admissible as evidence, though unaccompanied by the underlying documents. The court further noted that objections to such evidence go to the weight accorded them and not to their admissibility.

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