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United States DC Circuit


FULLER v. AM. FED'N OF LABOR & CONGRESS OF INDUS. ORG., 02-7043

Once the presumption of death is triggered after a person has disappeared for seven years, the decedent is not presumed to have been alive during those seven years. The only presumption is that decedent is dead, and the date of death becomes a question of fact.

Appellate Information

  • Argued 03/10/2003
  • Decided 05/16/2003
  • Published 05/16/2003

Judges

  • Before:  RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Kim Sperduto argued the cause and filed the briefs for appellant.

  • For Appellees:
  • Julia Penny Clark argued the cause for appellees.   With her on the brief was Robert Alexander.
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