Mr Lozano, Did you review this prior to sending your letter?:

As a result of this post-AFSCME v. AIG decision, which binds all U.S. Courts of Appeals and other federal courts, it is more likely that a court would uphold this agency’s interpretation of Rule 14a-8(i)(8).

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http://www.sec.gov/rules/final/2007/34-56914.pdf

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Be well