Bauer improperly failed to confront the person who apparently alleged the appearance of impropriety.

The Board of Elections improperly failed to submit the question to the voters in the township, but the vote in the city was against the merger.

Finally, Applied asserts that the agency's evaluation of Applied's proposal was unreasonable because, in Applied's view, the agency improperly failed to assign any strengths to the proposal and improperly assigned weaknesses to the proposal.

It was argued that the civilian leadership failed to understand how to use military force and improperly restrained the use of force in achieving victory.

The S.E.C. said Van Kampen improperly failed to disclose to investors that more than half of the fund's 1996 return of 62 percent came from hot initial offerings.

In another jury instruction, the court said, Judge Stanton improperly failed to explain that unless all 12 jurors agreed that a specific aggravating factor had been established, it could not be considered at all.

"There is absolutely no indication," Mr. Abbott said, "that anyone in this school district improperly failed to report appropriate data to the state regarding campus disciplinary action."

This year Pfizer has sharply cut back on ads for Viagra, after complaints from the Food and Drug Administration that the ads improperly failed to disclose the drug's side effects.

The trial judge failed to conduct a voir dire sufficient to impanel an unbiased jury and improperly failed to excuse several jurors for cause.

The tenants claim MetLife improperly failed to divulge its business arrangements with the RCN Corporation of Princeton, N.J., a communications company.