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delivered any part of his machine and had requested an extension of time, with the understanding that his trials must be completed by November 13^th. On October 13^th 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 skis and a mock-up of small 24-horsepower, 5-cylinder radial air-cooled engine. As a result his final delivery on the contract was extended to July 1, 1909. That date went by and on September 1, 1909, Herring asked for a further extension but the government cancelled his con-tract. Apparently he was very secretive about his activities and 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 arrage-ment was an unhappy one and by December, 1909, they were in serious disagree-ment. Herring brought [strike through b] suit against the firm in January, 1911, and then Curtiss and the other members of the company expelled him from the organiza-tion. From there Herring went with W. Starling Burgess who was working on an airplane at Marblehead, Massachusetts. The Herring-Curtiss Company was declared bankrupt on April 2, 1910.

In Massachusetts the Herring-Burgess Company was formed and a plane, called the "Flying Fish," was completed. 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 [strike through f] 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.

Immediatey after the Wrghts' first flights at Kitty Hawk, Herring sent them a letter from Freeport, Long Island, New York, on December 26, 1903,