Cristeen B. Comey - Page 30




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          Lumatron and Mr. Comey dated January 15, 1978.  According to Mr.            
          Comey, under the terms of the Inventor’s Agreement, Lumatron                
          agreed to sponsor Mr. Comey’s research and development in                   
          exchange for Mr. Comey’s contribution of his portfolio to                   
          Lumatron’s capital.                                                         
               First, we note that the copy of the “Inventor’s Agreement”             
          contained in the record was signed solely by Mr. Comey,                     
          purportedly on behalf of Lumatron and on behalf of Mr. Comey                
          individually.  Other than this document and the self-serving                
          testimony of Mr. Comey, which we have found incredible, there is            
          no evidence of any transfer of Mr. Comey’s portfolio to Lumatron.           
               Second, it appears that Lumatron had been dissolved, and               
          therefore lacked legal capacity, when Mr. Comey assertedly                  
          transferred his portfolio to it.  Therefore, even if Mr. Comey              
          had attempted to transfer his portfolio to Lumatron via an                  
          “Inventor’s Agreement” in 1978 as he claims, it appears that the            
          transfer would have been ineffective under relevant State                   
          (Illinois) law.                                                             
               The record shows that an Illinois corporation named Lumatron           
          Corporation (Lumatron) was incorporated on February 13, 1968.               
          Mr. Comey has offered copies of stock certificates which purport            
          to show that Mr. Comey acquired some Lumatron stock in February             
          1968 and January 1971.                                                      







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