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had requested an extension of time, with the understanding that his trials must be completed by November 13th. On October 13th Herring arrived with a trunk and two suitcases of plane and engine parts from which he assembled a portion of the center section of a small biplane on skids and a mock-up of a small 24 H.P. 5 cyl. radial air-cooled engine. As a result his final delivery on the contract was extended to July 1st, 1909. That date went by and on September 1st, 1909 Herring asked for a further extension about his activities and evidently it never became generally known what he did intend to deliver. 

In March, 1909 Herring entered into a partnership with Glenn Curtiss to form the Herring-Curtiss Company at Hammondsport, New York. This arrangement was an unhappy one and by December, 1909 they were in serious disagreement. Herring brought suit against the firm in January, 1911 and then Curtiss and the other members of the company expelled him from the organization. From there Herring went with W. Starling Burgess at Marblehead, Massachusetts who was working on a plane. The Herring-Curtiss Company was declared bankrupt on April 2d, 1910.

In Massachusetts the Herring-Burgess Company was formed and a plane was completed, called the "Flying Fish". Reportedly Herring made several short straightaway flights with this plane at Plum Island, Massachusetts during April, 1910. Herring and Burgess had disagreements and Herring left there during midsummer of 1910.

For years Herring continued to pursue his suit against Curtiss, and as late as June, 1921 filed a suit at Rochester, New York for $50,000 seeking judgment against the Herring-Curtiss Company.

Immediately after the Wrights first flights at Kitty Hawk Herring sent them a letter from Freeport, Long Island, New York, on December 26, 1903 asking for a partnership with them, the Wrights to hold two-thirds interest, and he one-third in view of his prior knowledge and rights to the science of flight. Naturally the Wrights did not respond. 

During World War I Herring complained to the Government that they had infringed upon his rights in the design of the liberty engine. Herring died on July 17, 1926.

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