HENRY M. HUXLEY WILKINSON, CHARLES L. BYRON MILTON T. MILLER * FIRST RALPH MUNDEN JAMES P. BYRON GEORGE L.WILKINSON COUNSEL HERVEY. S.KNIGHTE RETIRED 3 HUME SOMERVELL RUSSELL H. GORDON F.HOOK Oc tobe e ENLOE WILKINSON L944 GERRIT P. ON KNIGHT CHICAGO HOWARD * & BUILDING BANK NATIONAL HODGKINS W. HOWARD HUXLEY, CLARENCE’E CLARK POOLE ASSOCIATE ATTORNEY 14th TELEPHONE GROEN RANDOLPH 4848 LEAVE MR. GORDON t2L9° FITst Ogden, M. BAXTER, curity Bank Building Utah. Dear Gordons: I October 9, sponse to am enclosing 1944, which his request two copies I sent to of for more information Col. a the modification of the deficiency number the 37 mm. sublicense. I am also sending of Col. Herrstrom's letter. Before writing at Colt's, who advised me agreement entered into in pursuant Teller this May authority by acknowledging to them of April 4, 1944. sent me of these agreements is, of only diminishing eliminating the deficiency In his letter he indicates only for 1943, but actually dated I a in re- concerning provision in you two copies checked with for to Browning's my capacity let ter has files. Col. Herrstrom discussed with the Jay supplemental on April 7, 1944, Colt's Since talking to Jay, he You will notice that with the matter that we cerned that copies report of letter Herrstrom was Mr. figure not conWilliams, rather than number requirement altogether. that a waiver had been effected the agreement of November 1, 194 extended for both the years 1943 and 1944 and placed the capacity figure at a low level which was thought to take care of the situation and effectively eliminate any deficiency number payments. Apparently it did not do this, and consequently the and entered cerned with statement supplemental agreement of May lst was requested into, and now I suppose the Government is conthe same proposition for the first half of 1944. In any event, I think we have full basis for our because the capacity figure as agreed upon, plus the waiver of May 1lst, were both intended to relieve the Government of any deficiency number payments for the period of 1943 and 1944. It may be that a further agreement will be necessary, however, if the production in 1944 was below the quantity expected. I now understand, however, that all 37 mm. cannon and magazines are made by the Colt Company, and hence there is