Free Declaration - District Court of Arizona - Arizona

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Peter D. Baird (001978) [email protected] Robert H. McKirgan (011636) [email protected] Richard A. Halloran (013858) [email protected] Kimberly A. Demarchi (020428) [email protected] Lewis and Roca LLP 40 North Central Avenue Phoenix, Arizona 85004-4429 Facsimile (602) 734-3746 Telephone (602) 262-5311 Attorneys for POST Integrations, Inc., et al.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) vs. ) ) Nelcela, Inc., et al., ) Defendants. ) ) ) ) And Related Counterclaims, Cross-Claims, ) and Third-Party Claims. ) Merchant Transaction Systems, Inc., No. CIV 02-1954-PHX-MHM DECLARATION RE AUTHENTICITY OF EXHIBIT 1 TO MOTION FOR COURT APPOINTMENT OF TECHNICAL ADVISOR (Assigned to the Honorable Mary M. Murguia)

I, Richard A. Halloran, declare and state as follows: 1. This Declaration is based upon my personal knowledge or based upon my

information and belief. 2. Exhibit 1 to Lexcel, POST, and MTSI's Motion for Court Appointment of

Technical Advisor ("Exhibit 1") was created using a commercial software program called DeltaView, which is designed to create redline comparisons of text files. 3. The comparisons included in Exhibit 1 were created by running DeltaView

on the files identified at the beginning of each comparison in Exhibit 1. In the resulting comparisons, the text that appears identically in both of the compared files is shown in black, the text that appears in the identified file on the 94/95 Diskettes but not in the identified file on the 2001 CD is shown in red, and the text that appears in the identified file on the 2001 CD but not in the identified file on the 94/95 Diskettes is shown in blue. 4. The files on which the comparisons were run are true and accurate copies of

(1) the files contained on three floppy disks produced in this lawsuit by Nelcela, and
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identified in Exhibit 1 as the 94/95 Diskettes, and (2) the files contained on a compact disk produced in this lawsuit by Lexcel, and identified in Exhibit 1 as the 2001 CD. 5. To the best of my knowledge and belief, the comparisons included in

Exhibit 1 are each true and accurate redline comparisons of the identified files on the 94/95 Diskettes and the 2001 CD. 6. I declare under penalty of perjury under the laws of the United States of

America that the foregoing is true and correct. Executed on October 23, 2006. s/ Richard A. Halloran

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CERTIFICATE OF SERVICE I hereby certify that on October 23, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Merrick B. Firestone [email protected] Veronica L. Manolio [email protected] Attorneys for Defendants Nelcela Incorporated, Alec Dollarhide, and Len Campagna George C. Chen [email protected] Attorneys for Lexcel, Inc. and Lexcel Solutions, Inc. William McKinnon [email protected] Nicholas J. DiCarlo [email protected] Attorneys for Plaintiff MTSI and Third Party Defendant Gene Clothier

s/ Matthew A. Hoggatt

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