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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 [[crossed-out]] H.P. [[crossed-out]], 5 cyl. radial air-cooled engine.  As a result his final delivery on the contract was extended to July 1 [[crossed-out]] st [[crossed-out]], 1909.  That date went by and on September 1 [[crossed-out]] st [[crossed-out]], 1909, Herring asked for a further extension but the Government cancelled his contract.  Apparently he was very secretive about his activities and [[crossed-out]] evidently [[crossed-out]] 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 who was working on an airplane at Marblehead, Massachusetts [[crossed-out]] who was working on a plane [[crossed-out]].  The Herring-Curtiss Company was declared bankrupt on April 2 [[crossed-out]] d [[crossed-out]], 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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