Such marketable public securities having been deposited by it, pursuant to the Act of July 30, 1947, c. 390, 61 Stat. 646, as security for the faithful performance of any and all of the conditions or stipulations of a certain obligation entered into by it with (here enter "the Renegotiation Board and/or the United States") under date of

which is hereby made a part thereof, the undersigned agrees that, in case of any default in the performance of any of the conditions and stipulations of such undertaking, its said attorney shall have full power to collect said marketable public securities or any part thereof without notice, at public or private sale, or to transfer or assign to another for the purpose of effecting either public or private sale, free from any equity of redemption and without appraisement or valuation, notice and right to redeem being waived, and the proceeds of such sale or collection, in whole or in part, to be applied to the satisfaction of any damages, demands, or deficiency arising by reason of such default, as may be deemed best, and the undersigned further agrees that the authority herein granted is irrevocable.

And said corporation hereby for itself, its successors and assigns, ratifies and confirms whatever its said attorney shall do by virtue of these presents. In witness whereof, the

corporation hereinabove named, by

the

By:

Title

Before me, the undersigned, a notary public within and for the said county and State, personally appeared (name and title

111)

of officer), and for and in behalf of said . corporation, acknowledged the execution of the foregoing power of attorney. Witness my hand and notarial seal this day

of -‒‒‒‒‒, 19__. [Notarial Seall

Notary Public

My Commission Expires___

IV. POWER OF ATTORNEY AND AGREEMENT BY INDIVIDUAL

The following is the form of power of attorney and agreement by an individual to be filed under Rule 26(d):

POWER OF ATTORNEY AND AGREEMENT BY

INDIVIDUAL

Such marketable public securites having been deposited by me (us) pursuant to the Act of July 30, 1947, c. 390, 61 Stat. 646, as security for the faithful performance of any and all of the conditions or stipulations of a certain obligation entered into by me (us) with (here enter "the Renegotiation Board and/or the United States") under date of

which is hereby made a part thereof, I (we) agree that, in case of any default in the performance of any of the conditions and stipulations of such undertaking, my (our) said attorney shall have full power to collect said marketable public securities or any part thereof, or to sell, assign, and transfer said marketable public securities or any part thereof without notice, at public or private sale, or to transfer or assign to another for the purpose of effecting either public or private sale, free from any equity of redemption and without appraisement or valuation, notice and right to redeem being waived, and the proceeds of such sale or collection, in whole or in part, to be applied to the satisfaction of any damages, demands, or deficiency arising by reason of such default, as may be deemed best, and I (we) further agree that the authority herein granted is irrevocable.

(1) Except as provided in Rules 14.6(e) and 14.8 (e), when, by these rules or by a notice given thereunder or by order of the court, an act is required or allowed to be done at or within a specified time, the court may upon motion, for good cause shown, order the period extended.

(2) Every motion for extension of time must set forth therein the specific number of additional days requested, the date to which the extension is to run, the extent to which the time for the performance of the particular act has been previously extended, and the reason or reasons upon which the motion for extension is based, and shall be filed no later than 5 days prior to the expiration of the period allowed for the performance of the act to which the motion relates (including any previous extension of time). An objection or response thereto shall be filed within 5 days after service of such motion. The foregoing requirement as to filing may be waived by the court upon a showing, in a separate motion for leave to file out of time, that the delay in filing was the result of excusable neglect or circumstances beyond the control of the party.

(3) No disposition shall be made until the court acts upon the motion for extension of time.

(4) If the motion for an extension of time is denied and less than 5 days remain of the time to perform the act, or the time to perform the act has expired, the act may be performed within 5 days after the court enters the order denying the extension of time.

(c) Additional time after service by mail.-Whenever a party has the right or obligation to do some act or take some proceeding within a prescribed period after the service of a pleading, motion, or

other paper upon him, and the service is made by mail, 5 days shall be added to the prescribed period.

RULE 4.4 PLEADINGS

(a) Filing of complaint and answer.-A plaintiff who desires to try or otherwise prosecute an action shall serve upon the opposite party and file with the court a complaint to which an answer shall be filed. There shall be a reply to an alternative claim or an affirmative defense contained in an answer. No other pleading shall be allowed, except that the court may order a reply to an answer.

RULE 4.6 CONTENT OF ANSWER

(d) Alternative claims or affirmative defenses.If the defendant desires to make an alternative claim or set forth an affirmative defense in its answer, such alternative claim or affirmative defense shall be designated as such and set forth in separately numbered paragraphs.

RULE 4.7 DEFENSES AND OBJECTIONS: WHEN AND HOW PRESENTED

(b) Defenses: how presented.-The following defenses may be made by a motion to dismiss: (1) that plaintiff has no standing in the matter; (2) lack of jurisdiction of the subject matter; (3) failure to perform conditions precedent; and (4) failure to state a claim upon which relief may be granted. A motion making any of these defenses may be made before answer.

(c) Preliminary hearings.-Any party may move before trial for a separate hearing and determination of the defenses enumerated (1), (2), (3), and (4) in paragraph (b) of this rule.

RULE 4.12 MOTION PRACTICE

(c) Time to respond.

(1) Except as provided in Rules 3.6(b), 14.6(e) and 14.8(e), an objection or response to a contested motion shall be filed within 15 days after service of such motion, except that an objection or response to a dispositive motion, i.e., a motion to dismiss, a motion for judgment on the pleadings, and a motion for summary judgment, shall be filed within 30 days after service of such motion, and the moving party shall have 15 days from the date of service of the objections or response to file a reply.

Page 768

RULE 6.1 GENERAL PROVISIONS GOVERNING DISCOVERY

(b) Scope of discovery.—Unless otherwise ordered by the court in accordance with these rules, the scope of discovery is as follows:

(3) By means of written interrogatories, pursuant to Rule 6.3, a party may require any other party to identify each person whom the other party expects to call as an expert witness at the trial, and to state the subject matter on which the expert is expected to testify.

RULE 9.1 NOTICE OF TRIAL

(c) Time for service.-A notice of trial shall be served at least 30 days prior to the requested date of trial.

(e) Designation by court.-The court shall designate the place or places and date or dates for trial. The court shall give to the parties at least 15 days notice of the place and date for trial.

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RULE 10.3 CONSOLIDATION; JOINT TRIALS; SEVERANCE The court may, upon the motion of a party or on its own motion, make such orders concerning proceedings in any action as may tend to avoid unnecessary expense or delay, including, but not limited to;

(a) Consolidation. When actions involving a common question of law or fact are pending before the court, and the parties are the same, the court may order consolidation of the actions or any claims therein.

RULE 14.3 ACCESS TO AND WITHDRAWAL OF PAPERS (a) Custody and control.-All papers filed with or transmitted to the court shall be retained in the office of the clerk of the court, under his custody and control, except:

(3) when the chief judge so directs, the clerk shall transmit relevant papers in any action defined in Rule 3.1 to an appropriate customs officer on request of the attorney of record for a party, or an individual not represented by an attorney, for good cause shown in such request. Notice of such request shall be given to all other parties.

RULE 14.6 RESERVE FILE

(c) Dismissal for lack of prosecution.-An action which is not removed from the reserve file within a period of 2 years shall be dismissed for lack of prosecution, and in the absence of the filing of a motion under subpart (e) of this rule, the clerk shall enter an order of dismissal without further direction of the court. The applicable 2-year period shall begin to run from the last day of the month in 82-999 0-73-rol. 1-51

which the action is commenced, and shall end on the last day of the 24th month thereafter.

*

(e) Motion for extension of time.-For good cause shown, the court may, upon motion, order an extension of the time, beyond the applicable 2-year period, within which an action may remain in the reserve file. Any motion for extension of time shall be filed with the clerk not later than 15 days before the expiration of the period of time. An objection or response thereto shall be filed within 10 days after service of such motion. No order of dismissal shall be entered under Rule 14.6 (c) until the court has acted on the motion. If the motion for extension of time is denied and less than 10 days remain, or the time has expired, for removing said actions from the reserve file pursuant to subsection (b) of this rule, then the action shall continue to remain in the reserve file for 10 days after the court enters the order denying the extension of time.

14.7 SUSPENSION PROCEDURE

(a) Suspension of actions.-An action may be suspended pending the final determination of another action (hereinafter referred to as a test case) if it involves an issue of fact or a question of law which is the same as the issue of fact or question of law involved in such test case. A party to any action who desires to have any action considered as a test case may, after issue has been joined in the test case, serve and file a motion stating the reasons therefor. For purposes of this rule, an action may be considered as a test case when an order to that effect is issued by the court after a motion has been served and filed pursuant to this rule or after trial has been commenced or the action submitted to the court for decision. The trial of an action commences when, in open court, the first witness is sworn or evidence is admitted.

RULE 14.8 SUSPENSION DISPOSITION FILE

(c) Dismissal for lack of prosecution.-An action which is not removed from the suspension disposition file within a fixed period of time shall be dismissed for lack of prosecution, and in the absence of the filing of a motion under subpart (e) of this rule the clerk shall enter an order of dismissal without further direction of the court. The period of time, not to exceed 18 months, within which an action may remain in the suspension disposition file shall be fixed by the judge to whom the action has been assigned, or by the judge who decided the action under which the actions transferred to the suspension disposition file were suspended.

(e) Motion for extension of time.-For good cause shown, the court may, upon motion, order an extension of time beyond the applicable fixed period of time within which an action may remain in the suspension disposition file. A motion for extension of time shall be filed with the clerk not later than 15 days before the expiration of the period of time. An objection or response thereto shall be filed within

10 days after service of such motion. No order of dismissal shall be entered under Rule 14.8(c) until the court has acted on the motion. If the motion for extension of time is denied and less than 10 days remain, or the time has expired, for removing said actions from the suspension disposition file pursuant to subsection (b) of this rule, then the action shall continue to remain in the suspension disposition file for 10 days after the court enters the order denying the extension of time.

RULE 17.1 FORM; SIZE; COPIES

(a) Conformity required.-All papers to be filed with the clerk shall be produced, duplicated, and filed in conformity with these rules as to means of production, methods of duplication, form and size, and number of copies. The clerk shall refuse to file

any paper which is not in substantial conformity with the rules of this court. A party aggrieved by such action may move to compel the clerk to accept the paper for filing.

(g) Pleadings and other papers.-Unless otherwise provided by these rules, all papers shall be filed in duplicate, only the original of which need be executed. Pleadings and other papers shall be 81⁄2 by 11 inches in size. Pages shall be numbered on the bottom portion thereof and bound or attached on the top margin. Typed matter shall be double spaced except quoted material which may be indented and single spaced and except titles, schedules, tables, graphs, columns of figures, or other interspersed material, which is more readable in a form other than double spaced.