Mississippi State University Alumni, Inc. - Page 22

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          petitioner's initial letter and the program generated increasing            
          income for petitioner each year do not speak to whether the                 
          income was a royalty.                                                       
               3.   Activities of MSU and PB&T                                        
               Respondent contends that the article in Alumnus written                
          about the credit card program is an activity by petitioner.  We             
          disagree; the article was written by the Office of University               
          Relations, not petitioner.  Respondent points out that the                  
          article said:  "Additional information on the Bulldog Card can be           
          obtained by calling the MSU Alumni Association * * * or The                 
          Peoples Bank", and contends that this shows petitioner was                  
          marketing the credit card program.  We disagree.  It merely means           
          that the author was telling readers that petitioner had                     
          information about the credit card program.                                  
               Respondent contends that petitioner permitted PB&T to                  
          distribute credit card applications at a football game.  We have            
          not so found because the record indicates that MSU, not                     
          petitioner, permitted PB&T to conduct this activity.                        
               Respondent suggests that petitioner was involved in                    
          employing MSU students to insert credit card applications in bags           
          at the MSU bookstore.  There is no basis in the record for                  
          respondent's suggestion.                                                    
               4.   Petitioner's Marketing Coordinator                                
               Respondent contends that petitioner's hiring of a marketing            
          coordinator shows that the payments at issue were for services              




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