FULLER v. AMERICAN FEDERATION OF LABOR

No. 02-7043.

328 F.3d 672 (2003)

Therese Cornwell FULLER, Administrator, Estate of Doris Hunt Cornwell, Appellant, v. AMERICAN FEDERATION OF LABOR and Congress of Industrial Organizations, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 16, 2003.


Attorney(s) appearing for the Case

Kim Sperduto argued the cause and filed the briefs for appellant.

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

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


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

After seven years an individual who disappears without a trace is, under common law and the laws of several states, presumed dead. The issue here is whether there is also a presumption that the individual died on the last day of the seven-year period, or in other words, that the individual was alive until that time.

After her husband died in 1977, Doris Cornwell began receiving...

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