Bob, I just read through the decision (thanks for sending it). It seems to me that you brought the case to the wrong court and that by doing so you tied their hands up and they were forced to kill your case. Obviously I’m not an attorney, and I’m sure you’ll point that out in your reply, but it seems to me that the decision has nothing to do with PRB-1 per se and instead points out your procedural error. Apparently the federal court’s hands were bound into upholding the state court’s decision because of that. The court writes “Although DePolo suggests that we should decide this case on the merits and hold that a 12(b)(6) dismissal is simply not appropriate here, the procedural posture of this case precludes our review of the merits of his claims.” You say a lot in your email that puts the court at blame but I’m sorry, I wonder where the fault lies. Mike N2YBB