NEDELK V. STIMSON et al. - Page 37



            Interference No. 102,755                                                                   


                        connection with the B-70 in the early                                          
                        1960's.  He said such a system had actually                                    
                        been installed and tested on an aircraft.                                      
                              The [p]urpose of the system was to                                       
                        reduce brake grabbiness during taxi.                                           
                        However, with half the brakes released, the                                    
                        remaining brakes would experience some tire                                    
                        skidding during taxi stops.  This resulted                                     
                        in pilots losing feel for the brakes.  The                                     
                        system was not used in the final                                               
                        configuration of the aircraft.                                                 
            Although, as already noted, consideration of this motion was                               
            deferred to final hearing so that DeVlieg could take the                                   
            testimony of Smith and others during his deposition testimony                              
            period regarding the XB-70 braking system, DeVlieg failed to                               
            take any such testimony.  This resulted in the dismissal of                                
            his timely XB-70 motion.     30                                                            
                        Nedelk's belated motion as filed is based on                                   
            evidence that did not accompany DeVlieg's motion, namely, a                                
            July 21, 1994, affidavit by ABSC's General Counsel, Bruce                                  
            DeYoung (NR 500-01), and a number of documentary exhibits (NE                              
            679-1067) obtained through the Freedom of Information Act                                  









              Paper No. 85, at 7, in the '756 interference.30                                                                                   
                                               - 35 -                                                  



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