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Message: Re: Rule 14a-11-Miles-Miles
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Feb 11, 2011 11:23AM

Under SEC Rule 14a-8 the proposal was for nomination to the BoD which made it clearly ineligible:

http://taft.law.uc.edu/CCL/34ActRls/rule14a-8.html

Rule 14a-8(i)(8) is one of the thirteen substantive bases upon which a company may rely to exclude a shareholder proposal from its proxy materials. The agency's longstanding interpretation of Rule 14a-8(i)(8) - commonly known as the election exclusion - permits a company to omit from its proxy materials any shareholder proposal that would result in an immediate election contest or would set up a process for shareholders to conduct an election contest in the future by requiring the company to include shareholders' director nominees in the company's proxy materials for subsequent meetings

http://www.sec.gov/info/smallbus/secg/rule14a-8i8-secg.htm

No idea about Schrock and Mistry, perhaps you could try contacting them directly as your interests are clearly aroused?

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Be well


Feb 11, 2011 11:55AM
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