Armstead v. United States, 815 F.2d 278, 282 n.3 (3d Cir. 1987) (“The dissent notes that under Fed. R. Evid. 803(7), absence of an entry in relevant business records may be used to prove the nonexistence or non-occurrence of a matter. The Rule allows such evidence as an exception to the hearsay rule. The admission of such evidence, however, depends upon presentation of a proper foundation, and exclusion may result where circumstances ‘indicate lack of trustworthiness.’”).
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