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William J. Olson P.C.
Files 50th Supreme Court Brief



On May 13, 2011, with our amicus curiae brief in the Daniel Chapter One case, our firm had the privilege of making its 50th filing with the U.S. Supreme Court. This includes various types of filings: Petition for Certiorari, Jurisdictional Statement, Appellants' Brief, Reply Brief, Brief for Intervenor-Respondents, Amicus Brief at the Petition Stage, and Amicus Brief on the Merits.

Of course, most of these briefs have been amicus curiae (friend of the court) briefs, and many have addressed a wide variety of Constitutional issues --

Article I Section 1 (Delegation Doctrine)
Article I Section 2 (Census, Apportionment Clause)
Article I Section 4 (Time, Places and Manners of Elections)
Article I Section 6 (Speech & Debate Clause)
Article I Section 8 (Commerce Clause, Naturalization Clause, General Welfare Clause, Necessary & Proper Clause)

Article II Section 1 (Delegation Doctrine)
Article II Section 2 (Invasion)
Article II (Appointments Clause, Commander-in-Chief)

Article III, Section 2 (Case and Controversy, Standing, Political Question)
Article III Section 1 (Judicial Power)

Article IV Section IV (Republican Form of Government, Invasion)Article VI (Preemption)

First Amendment (Establishment Clause, Free Exercise Clause, Freedom of Speech, Freedom of Press, Right to Assemble, Right to Petition Government)
Second Amendment
Fourth Amendment
Fifth Amendment (Due Process, Equal Protection Component)
Tenth Amendment
Fourteenth Amendment (Due Process, Equal Protection, Privileges & Immunities)

Other briefs have addressed important statutory issues (U.N. Participation Act, Gun Control Act, National Firearms Act, Firearms Owners Protection Act, Uniform Code of Military Justice, Federal Election Campaign Act, etc.).

Our first Supreme Court filing was October 16, 1981, supporting the legality of President Reagan's action against striking air traffic controllers, which translates into 50 briefs in 30 years -- but we have been picking up the pace lately. Of course, we have also filed many other briefs in various U.S. District Court, U.S. Courts of Appeals, State Supreme Courts, etc. (All of these filings since the late 1990's and some earlier briefs are available on this website, and we are working to post the older filings as well.)


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Reply Comments Filed in Gold Anti-Trust Action Committee, Inc.'s Freedom of Information Act Lawsuit
December 22, 2010

On December 22, 2010, our firm filed Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for In Camera Review and Limited Discovery in the United States District Court for the District of Columbia on behalf of Gold Anti-Trust Action Committee, Inc. in this Freedom of Information Act lawsuit arising from requests for records beginning in 2007 from the Board of Governors of the Federal Reserve System relating to “gold swaps.”

Bond v. U.S., Amicus Brief
for Gun Owners Foundation et al.
in the U.S. Supreme Court
December 10, 2010

Today our firm filed an amicus brief on behalf of Gun Owners Foundation, Gun Owners of America, Inc., and Conservative Legal Defense and Education Fund in the case of Carol Ann Bond v. United States in the United States Supreme Court in support of petitioner Bond.

Awad v. Ziriax, Amicus Brief
in the U.S. District Court for the
Western District of Oklahoma
November 16, 2010

Today our firm filed an amicus brief on behalf of U.S. Border Control, U.S. Border Control Foundation, The Lincoln Institute for Research and Education, and Conservative Legal Defense and Education Fund in the case of Muneer Awad v. Paul Ziriax, et al. in the U.S. District Court for the Western District of Oklahoma in opposition to the plaintiff's motion for temporary restraining order and preliminary injunction.

Skoien v. U.S., Amicus Brief
for Gun Owners Foundation et al.
in the U.S. Supreme Court
November 15, 2010

Today our firm filed an amicus brief on behalf of Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Virginia Citizens Defense League, and Conservative Legal Defense and Education Fund in the case of Steven Skoien v. United States in the United States Supreme Court in support of petitioner Skoien.

Our brief takes a quite different approach from that taken by other firearms organizations. For example, the attached chart contrasts the positions taken in our brief with the positions taken by the NRA.

Herb Titus Quoted in The National Law Journal Article "Heller II: The Sequel"
October 25, 2010

Herb Titus was quoted in the The National Law Journal article "Heller II: The Sequel" by Mike Scarcella regarding the Heller v. District of Columbia (Heller II) case in the U.S. Court of Appeals for the D.C. Circuit. Our firm filed an amicus brief in this case.

Daniel Chapter One Reply Brief of Petitioners
October 1, 2010

On behalf of Daniel Chapter One ("DCO"), today we filed with the U.S. Court of Appeals for the D.C. Circuit the reply brief of petitioners. The DCO reply brief argues that the FTC brief unjustifiedly disparages DCO and the Feijos' relationship to it in an erroneous effort to assert jurisdiction over a ministry. Further, the FTC brief's claim that DCO's ads created the overall net impression that its products claims were based upon controlled clinical studies is not supported in fact or by law. Finally, the FTC brief is mistaken about DCO's constitutional and Religious Freedom Restoration Act claims.

Documents Filed in Gold Anti-Trust Action Committee, Inc.'s Freedom of Information Act Lawsuit
September 27, 2010

On September 27, 2010, our firm filed the following documents in the United States District Court for the District of Columbia on behalf of Gold Anti-Trust Action Committee, Inc. ("GATA") in this Freedom of Information Act lawsuit arising from requests for records beginning in 2007 from the Board of Governors of the Federal Reserve System relating to “gold swaps”:

Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment

Proposed Order Denying Defendant's Motion for Summary Judgment

Declaration of William J. Olson, GATA Attorney

Declaration of Chris Powell, GATA Secretary-Treasurer

Declaration of Adrian Douglas, GATA Board Member

Declaration of James Turk, GATA Consultant

Plaintiff's Motion for In Camera Review and Limited Discovery

Proposed Order Granting Plaintiff's Request for In Camera Review and Limited Discovery

Daniel Chapter One -- District Court Order
September 14, 2010

The U.S. District Court for the District of Columbia denied the Daniel Chapter One ("DCO") motion to dismiss, denied the government’s motion for a preliminary injunction enjoining defendants from violating the FTC's order, and stayed the case pending resolution of DCO’s appeal before the U.S. Court of Appeals for the D.C. Circuit.

Daniel Chapter One Motion to Dismiss and Opposition to Government's Motion for Preliminary Injunction
September 1, 2010

On behalf of Daniel Chapter One ("DCO"), today we filed a motion to dismiss the goverment's complaint and a memorandum of points and authorities in support of the motion to dismiss with the U.S. District Court for the District of Columbia. On behalf of DCO, today we also filed with the U.S. District Court for the District of Columbia a memorandum of points and authorities in opposition to the government's revised motion for preliminary injunction. The memorandum was supported by the following declarations:
Declaration of James Feijo
Declaration of Patricia Feijo
Declaration of Tedd Koren
Declaration of Sally Lamont
Declaration of James A. Duke
Declaration of Karen S. Orr, D.C.
Declaration of Deane Mink, D.C.

Daniel Chapter One Brief of Petitioners
August 18, 2010

On behalf of Daniel Chapter One ("DCO"), today we filed with the U.S. Court of Appeals for the D.C. Circuit the brief of petitioners. The DCO brief argues that the FTC failed to establish jurisdiction over DCO and exceeded its statutory authority by misuse of its "reasonable basis" theory and test. Further, the FTC order is arbitrary and capricious, being the product of a blind adherence to the religion of scientism. Finally, the FTC action and order unconstitutionally abridged DCO's freedom of speech, and the FTC erroneously dismissed DCO's Religious Freedom Restoration Act and First Amendment "speaker autonomy" claims.

Nordyke v. King
Amicus Brief Filed in Support of Appellants
U.S. Court of Appeals for the Ninth Circuit
August 18, 2010

On August 18, 2010, in the U.S. Court of Appeals for the Ninth Circuit, our firm filed an amicus curiae brief filed in support of the challenge by appellants to portions of the county code of Alameda County, California. The challenged provisions ban possession of firearms on county property.

The ordinance was introduced by a county Supervisor who, in her own words, wanted to “ban gun shows.” The county claims it was responding to gun violence, but the reality is that the county was simply trying to keep peaceful gun owners from gathering to buy and sell firearms.

Our brief argues that the Second Amendment implicitly protects a private property right to acquire, possess, use and dispose of firearms. Thus, the Second Amendment protects unimpaired commerce in firearms of the kind that takes place at gun shows. California law already heavily regulates firearms, and gun shows are one of the only constitutionally-protected sources of arms.

The brief then explains the difference between “sensitive places” like courthouses and schools, compared to places like the county fairgrounds. Whereas a courthouse is not open to the public for public use, Alameda County has designated the fairgrounds to be open to the public, including for use in lawful commercial enterprise. Since the County has given everyone a right to use the fairgrounds, the County Commissioners cannot now decide that they do not like gun owners, and prohibit them from using the fairgrounds for gun shows.

Our amicus brief in Nordyke v. King, U.S. Court of Appeals for the Ninth Circuit, No. 07-15763, was filed on behalf of:
Gun Owners of California, Inc. (www.gunownersca.com)
Gun Owners of America, Inc. (www.gunowners.org)
Gun Owners Foundation (www.gunowners.com)

Bill Olson Quoted in CNSNews.com Article "Harry Reid Defends Vote to Confirm Kagan on Second Amendment Grounds"
August 9, 2010

Bill Olson was quoted in the CNSNews.com article "Harry Reid Defends Vote to Confirm Kagan on Second Amendment Grounds" by Terence P. Jeffrey regarding his testimony before the Senate Judiciary Committee evaluating Elena Kagan's record on the Second Amendment.

Heller II
Amicus Brief Filed in Support of Appellants
U.S. Court of Appeals for the District of Columbia
July 30, 2010

On July 30, 2010, in the U.S. Court of Appeals, D.C. Circuit, our firm filed the only amicus curiae brief filed in support of the challenge by appellant Dick Heller and others to portions of the D.C. Code that (i) require registration of all firearms, (ii) prohibit registration of so-called “assault weapons” and (iii) prohibit possession of so-called “high capacity” magazines.

Our brief argues that the District Court erred when it upheld the District’s laws employing “intermediate scrutiny” – a judicially created standard of review that permits laws that are “reasonably related to an important government interest.” Our brief demonstrates that the Supreme Court has rejected such “interest balancing” standards of review in both the Heller I and McDonald cases. Instead, once a court determines that a person is part of “the people” and that the weapon is one of the “arms” protected by the Second Amendment, the amendment provides its own standard of review — “shall not be infringed.”

The brief then explained why the District has no jurisdiction to require a citizen to obtain a permit from the city to possess a firearm protected by the Second Amendment, and why the “assault weapons” and “high capacity magazines” which the District of Columbia seeks to ban are protected “arms under the Second Amendment, as provided in United States v. Miller (1939) and the Heller I decision.

Our amicus brief in Heller v. District of Columbia, U.S. Court of Appeals for the D.C. Circuit, No. 10-7036, was filed on behalf of:
Gun Owners of America, Inc.
Gun Owners Foundation
Virginia Citizens Defense League
Maryland Shall Issue, Inc.
Gun Owners of California, Inc.
Lincoln Institute for Research and Education
Conservative Legal Defense and Education Fund

Herb Titus Presents Oral Argument to U.S. District Court, Montana
in Montana Shooting Sports Association v. Holder
July 15, 2010

A number of states have enacted firearms freedom act statutes seeking to regulate intra-state sales of firearms, over which the federal government has no authority.

The Bureau of Alcohol, Tobacco and Firearms has threatened to go after any party which manufactures or sells a firearm without complying with the federal licensing scheme. http://firearmsfreedomact.com/

The first state firearms freedom law that has gone to federal court is Montana, and, on behalf of Gun Owners of America, Inc., we were invited to be among the three counsel to argue in district court on behalf of the plaintiff Montana Shooting Sports Association ("MSSA").

The Obama administration claims that, under the commerce clause, the federal government has plenary power to regulate the licensing of the manufacture and sale of firearms to the total exclusion of the states. Herb Titus argued that Congress has actually exercised less power than claimed, keeping the door open for states to develop their own firearms policies, and therefore urged the court to resolve the matter short of addressing the constitutional questions. Additionally, we claimed the Second Amendment, itself, precludes the licensing of firearms just as the First Amendment precludes the licensing of the press.

Quentin Rhodes, Esquire of Sullivan, Tabaracci & Rhodes, P.C. represents MSSA.

Gary Marbut, President of MSSA, has been the architect of this strategy to assert the right of the states to regulate intrastate sales.

Daniel Chapter One -- Court Order Denying Hearing on RFRA Claim
July 6, 2010

The U.S. Court of Appeals for the D.C. Circuit denied the Daniel Chapter One ("DCO") motion requesting a hearing on the DCO claim under the Religious Freedom Restoration Act (“RFRA”).

Video of Bill Olson Testimony before Senate Judiciary Committee on Kagan Nomination Available on You Tube
July 1, 2010

Badge of Honor No. 2: Rachel Maddow
Doesn't Seem to Like Us
July 1, 2010

The Rachel Maddow Show picked up on the Huffington Post hit piece about our firm. More thoughtful commentary about Bill Olson's testimony against Elena Kagan 's nomination to serve on the U.S. Supreme Court.

Bill Olson Testimony on
Nomination of Elena Kagan
July 1, 2010

Bill Olson's testimony before the Senate Judiciary Committee evaluates Elena Kagan's record on the Second Amendment.

C-SPAN Coverage of Bill Olson Testimony on Nomination of Elena Kagan
July 1, 2010

Bill Olson will testify at the Kagan Confirmation Hearing on Panel 3 this evening. The hearing begins at 4 p.m. and will conclude sometime later tonight. Coverage is available on C-SPAN at the following link:

http://www.c-span.org/video/?294266-2/kagan-confirmation-hearing-day-4

Huffington Post
June 30, 2010

We wanted to share with you one of our proudest moments -- being the object of a hit piece by the Huffington Post. We are certain you will enjoy this thoughtful analysis of all the issues.

Herb Titus Quoted in NPR Article "High Court Extends Gun Owners' Rights Nationwide"
June 28, 2010

Herb Titus was quoted in the NPR article "High Court Extends Gun Owners' Rights Nationwide" regarding the U.S. Supreme Court decision in McDonald v. City of Chicago. Our firm filed an amicus brief in this case.

U.S. Senate Judiciary Committee Confirmation Hearings of Elena Kagan
June 25, 2010

Bill Olson has been invited by the United States Judiciary Committee to testify on the nomination of Elena Kagan as Associate Justice of the U.S. Supreme Court.

The testimony likely will occur late in the day on Thursday, July 1, 2010. The list of witnesses appears on the website of the Senate Judiciary Committee. http://judiciary.senate.gov/

American Bar Association Witnesses
Kim Askew, Chair, Standing Committee
William J. Kayatta, Jr., First Circuit Representative

Majority Witnesses
Professor Robert C. Clark, Harvard University Distinguished Service Professor, Austin Wakeman Scott Professor of Law, and former Dean, Harvard Law School
Justice Fernande "Nan" Duffly, on behalf of the National Association of Women Judges
Greg Garre, Partner, Lantham & Watkins, former Solicitor General of the United States
Jennifer Gibbins, Executive Director, Prince William Soundkeeper
Professor Jack Goldsmith, Professor of Law, Harvard University
Marcia Greenberger, Founder and Co-President, National Women's Law Center
Jack Gross, plaintiff, Gross v. FBL Financial Services Inc.
Lilly Ledbetter, plaintiff, Ledbetter v. Goodyear Tire
Professor Ronald Sullivan, Edward R. Johnston Lecturer on Law, Director of the Criminal Justice Institute, Harvard Law School
Kurt White, President, Harvard Law Armed Forces Association

Minority Witnesses
Robert Alt, Senior Fellow and Deputy Director, Center for Legal and Judicial Studies, The Heritage Foundation
Capt. Pete Hegseth, Army National Guard
Commissioner Peter Kirsanow, Benesch Law Firm
David Kopel, Esq., Research Director, Independence Institute
Colonel Thomas N. Moe, United States Air Force (ret.)
David Norcross, Esq., Blank Rome
William J. Olson, Esq., William J. Olson, P.C.
Tony Perkins, President, Family Research Council
Stephen Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law
Ronald Rotunda, The Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University School of Law
Ed Whelan, President, Ethics and Public Policy Center
Dr. Charmaine Yoest, President & CEO, Americans United for Life
Capt. Flagg Youngblood, United States Army

Free Speech Coalition Analysis
of the DISCLOSE Act (S. 3295)
May 21, 2010

Our firm prepared this Analysis of the DISCLOSE Act (S. 3295) on behalf of the Free Speech Coalition to explain the following sections of the DISCLOSE Act that are likely to be of primary concern by member organizations:
Section 103. Treatment of payments for coordinated communications as contributions.
Section 201. Independent expenditures.
Section 202. Electioneering communications.
Section 211. Additional information required to be included in reports on disbursements by covered organizations.
Section 212. Rules regarding use of general treasury funds.
Section 213. Optional use of separate account by covered organizations for campaignrelated activity.
Section 214. Modification of rules relating to disclaimer statements required for certain communications.
Section 301. Requiring disclosure by covered organizations of information on campaign-related activity.

Daniel Chapter One Reply to FTC Opposition to Motion for Hearing on RFRA Claim
May 17, 2010

On behalf of Daniel Chapter One ("DCO"), today we filed with the U.S. Court of Appeals for the D.C. Circuit a reply to the FTC's opposition to the DCO motion requesting a hearing on DCO's claim under the Religious Freedom Restoration Act (“RFRA”).

Committee to Recall
Robert Menendez v. Wells
Amicus Brief on Behalf of 12 Organizations
May 10, 2010

On May 10, 2010, on behalf of 12 organizations, the firm filed an Amicus Brief in the Supreme Court of New Jersey supporting the efforts of the plaintiff, the Committee to Recall Robert Menendez From the Office of U.S. Senator.

On November 2, 1993, by an overwhelming majority, the people of New Jersey enacted an amendment to the New Jersey Constitution which allows the people to recall their representatives to the U.S. Congress, and directing the state legislature to promulgate laws to provide for recall elections, which the legislature did in May, 1995.

In September, 2009, the New Jersey Secretary of State refused to comply with these provisions, and declined to certify the plaintiff’s effort to recall Senator Menendez. In January of 2010, the New Jersey Superior Court, Appellate Division ordered that the recall effort must go forward. Senator Menendez joined the suit as an indispensable party. On April 27, 2010, he successfully sought expedited review of the decision by the New Jersey Supreme Court, where the case is now pending.

Our brief argues that the power to recall U.S. Senators is reserved to the people by the Tenth and Seventeenth Amendments. When the Constitution was ratified, the state legislatures had the power to choose representatives. This changed when the Seventeenth Amendment was adopted in 1913 to require the direct election of Senators by the people of the various states. Senator Menendez believes that the Amendment granted Congressmen an immunity from removal by the people they represent, even if they fail to faithfully represent the interests of their constituents.

Neither the Seventeenth Amendment nor any other section of the Constitution prohibits the people of New Jersey from recalling their representatives. Lastly, the Supreme Court’s decision in U.S. Term Limits v. Thornton does not foreclose this power. There, the Court held that the state legislatures may not add qualifications for members of Congress to supplement those in the Constitution. But the power to recall is not a qualification on whom the people may elect, but protects the people’s right to choose, giving the people another bite at the apple to elect someone who will better serve them.

The brief was filed on behalf of: Conservative Legal Defense and Education Fund; Institute on the Constitution; U.S. Justice Foundation; Gun Owners Foundation; Gun Owners of America, Inc.; Vision to America; The Lincoln Institute for Research and Education; Public Advocate; U.S. Border Control; U.S. Border Control Foundation; American Coalition for Competitive Trade; and The Constitution Party national Committee.

Our firm also filed a Motion for Leave to Appear as Amici Curiae to submit this amicus brief. On May 12, 2010, a brief on behalf of Senator Robert Menendez was filed in opposition to our motion. On May 19, 2010, a New Jersey Supreme Court Order granted the motion and accepted the amicus brief on behalf of Conservative Legal Defense and Education Fund, et al. Oral argument was held on May 25, 2010.

Daniel Chapter One Motion for Hearing on RFRA Claim
April 22, 2010

On behalf of Daniel Chapter One ("DCO"), today we filed with the U.S. Court of Appeals for the D.C. Circuit a motion requesting a hearing on DCO's claim that application of parts of the FTC's modified final order substantially burdens DCO's exercise of religion in violation of the Religious Freedom Restoration Act (“RFRA”).

MSSA v. Holder, Amicus Brief
for Gun Owners Foundation
in the U.S. District Court for the
District of Montana Missoula Division
April 12, 2010

Today our firm filed an amicus brief for Gun Owners Foundation, Gun Owners of America, Inc., and Virginia Citizens Defense League in the case of Montana Shooting Sports Association, Inc., et al. v. Eric H. Holder, Jr. in the U.S. District Court for the District of Montana Missoula Division.

U.S. v. Steven M. Skoien
Amicus Brief for Gun Owners Foundation
and Gun Owners of America, Inc. in the
U.S. Court of Appeals for the Seventh Circuit
April 2, 2010

Today our firm filed an amicus brief for Gun Owners Foundation ("GOF") and Gun Owners of America, Inc. in the case of U.S. v. Skoien, in the United States Court of Appeals for the Seventh Circuit.

This document compares quotes from the GOF amicus brief with quotes from the NRA amicus brief, which were both filed in the Skoien case -- http://www.gunowners.com/gof-vs-nra-quotes.pdf.

Daniel Chapter One
Emergency Motion for Stay of FTC Order
March 26, 2010

On behalf of Daniel Chapter One, this morning we filed an Emergency Motion for Stay Pending Review of FTC Modified Final Order (20 pages) with the U.S. Court of Appeals for the D.C. Circuit, as well as appended Exhibits A-G (162 pages).

Doe v. Reed
U.S. Supreme Court Amicus Brief for
Free Speech Defense and Education Fund and Free Speech Coalition
March 4, 2010

Today our firm filed an amicus brief for the Free Speech Defense and Education Fund, the Free Speech Coalition, and 28 other nonprofit and for profit organizations in the case of Doe v. Reed, in the United States Supreme Court.

The brief argues that, contrary to what the state of Washington claims,freedom of speech principles do indeed apply to the Washington state referendum petition process. Moreover, anonymity for referendum petition signers in that state legislative process is protected from state abridgment by the14th amendment as an individual privilege and immunity of United States citizenship secured under the republican form of government guarantee of Article IV, Section 4 of the United States Constitution.

The brief also explains that the forced disclosure of the names and addresses of the Referendum 71 petition signers violates the anonymity rights of the people -- who are sovereign in our system of government. The brief concludes with a primer on the law of anonymity as a guide to the Court's application of the anonymity principle in this new situation.

The brief was filed on behalf of: The Abraham Lincoln Foundation for Public Policy Research, Inc., American Conservative Union, American Target Advertising, Inc., Citizens in Charge Foundation, Citizens United, Citizens United Foundation, ClearWord Communications Group, Inc., Conservative Legal Defense and Education Fund, The Constitution Party National Committee, Downsize DC Foundation, DownsizeDC.org, Eberle & Associates, Inc., English First, English First Foundation, Free Speech Coalition, Inc., The Free Speech Defense and Education Fund, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Institute on the Constitution, Law Enforcement Alliance of America, Inc., The Lincoln Institute for Research and Education, National Right to Work Legal Defense and Education Foundation, Inc., Production Solutions, Inc., Public Advocate of the United States, The Richard Norman Company, 60 Plus Association, U.S. Border Control, U.S. Border Control Foundation, U.S. Justice Foundation, and Young America's Foundation.

Daniel Chapter One
Application for Stay
February 25, 2010

Today we filed an Application for Stay with the Federal Trade Commission, asking the Commission to stay its Order of January 25, 2010 against Daniel Chapter One, pending review in an Article III court. The Application was supported by a Memorandum, a Proposed Form of Order, and the following declarations:

Declaration of James Feijo
Declaration of Patricia Feijo
Daniel Chapter One
HealthWatch Radio
Health Freedom Fight

Declaration of Deane Mink, D.C.
Declaration of Karen Orr, D.C.
Declaration of Charles Sizemore, D.D.S.
Declaration of Jerry Hughes

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