CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Greetings. I am pleased to provide you with a copy of the Motion to Dismiss the complaint filed by Joe Ames, W3JY filed yesterday by our attorneys, Cozen O'Connor of Philadelphia. The motion asserts a series of reasons why the complaint filed on behalf of Ames fails to state a claim on which relief may be granted. If this motion is granted by the trial judge, the complaint will be dismissed and the case terminated. I think you will agree when you read this that it is exceptionally well-argued. It is my view, and that of our attorneys that Ames' complaint is fatally flawed in numerous respects, and very poorly drafted indeed. So we have a good deal of reason to be optimistic that the complaint will be dismissed. This motion triggers a pleading cycle and there will be oral argument at the Federal Court, however, which will probably not happen for a couple of months. While this document is publicly available, it would be best to not circulate it since there are those who erroneously relate this frivolous litigation to ARRL's NTS policy, which of course we should not encourage since one has nothing whatsoever to do with the other. 73, Chris W3KD -- Christopher D. Imlay Booth, Freret & Imlay, LLC 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD@ARRL.ORG