In his ruling, Justice W. Denis Donovan in White Plains said the evidence "showed conclusively that IBM's and the Legion's respective uses of the property are the same in every material respect and that the Town treats the Legion on less than equal terms with IBM, a non-religious assembly".
At the time of closing, this covenant must not have been breached in any material respect.
It cannot be thought to differ in any material respect from the statute held void in Thornhill's case.
But the trial court and the Vermont Supreme Court found that the 1988 warning did not differ in any material respect from the FDA-approved warning.
Whether or not Duquesne changed the law in any material respect, or, more precisely, authorized Pennsylvania to change the law, is not quite the issue.
In our experience, many companies chose not to do so because it complicated the process and/or it did not influence the ratio in any material respect.
"Were the claimant and YMA presenting an image of monogamy to the world?" Jackson asked rhetorically before concluding: "If the [Sun on Sunday] publishes the proposed story, this will not set the record straight in any material respect.
In particular, she said the testimony of Zola Tongo, the driver of the taxi in which Anni was killed, was "conflicted in virtually every material respect and in places made no sense".
An F.B.I. affidavit says the informer, who has been convicted of federal crimes, was not a paid source and "has never been found to be untruthful in any material respect".
Any solicitation materials used subsequent to the public filing of an offering circular must either be accompanied by a current preliminary offering circular or include the URL where it can be obtained, and any such materials must be updated and redistributed to the extent that they or the preliminary offering circular become inadequate or inaccurate in any material respect.
