No. 01-1447
In the
UNITED STATES COURT OF APPEALS
for the
SIXTH CIRCUIT
JENNIFER GRATZ AND PATRICK HAMACHER,
Plaintiffs-Appellants (01-1333, 01-1418),
Plaintiffs-Appe flees (01-1416)
V.
LEE BOLLINGER, et. al.,
Defendants-Appellees (01-1333, 01-1418),
Defendants-Appel' ants (01-1416)
and
EBONY PKFrERSON, et. al,
Intervening Defendants-Appellees.
On appeal from the United States District Court
for the Eastern District of Michigan
BRIEF OF 36 INDIVIDUAL FACULTY MEMBERS
OF THE OHIO STATE UNIVERSITY COLLEGE OF LAW,
AS AMICI CUR EAE, IN SUPPORT OF DEFENDANVS
AND THE DISPOSTION (LARGELY AFFIRMANCE) THEY SEEK
EDWARD B. FOLEY
DAVID GOLDEERGER
55W. l2thAvenue
Columbus, Ohio 43210
(614) 292-4288
Louis A. JACOBS
4905 Stonehaven Drive
Upper Arlington, Ohio 43220
(614) 459-5690
Counsel for Amid Curiae
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
(This statement should be placed immediately preceding the table of contents in
the brief of the party. See copy of 6th Cir. R. 26.1 on page 2 of this form.)
Gratz
case Nos. 01—1333, 01—1416, and 01—1418
V.
Bollinger, et al.
DISCLOSURE OF CORPORATE AFFILIATIONS
AND FINANCIAL INTEREST
Pursuant to 6th Cir. R. See attached
26.1,
(Name of
Party)
makes
the
following
disclosure:
1.
Is said party a subsidiary or affiliate of a publicly owned corporation?
No
If the answer is YES, list below the identity of the parent corporation or
arfiliate and the relationship between it and the named party:
2.
Is there a publicly owned corporation, not a party to the appeal, that has a
financial interest in the outcome? NO
If the answer is YES, list the identity of such corporation and the nature of
the financial interest:
C
6C
A-l
f
ure of
Counsel
)
((2co~Z
(Date)
(
O
v
e
r
)
Page 1
TABLE OF CONTENTS
TABLE OF AUTHORITIES
111
STATEMENT OF AMICIINTEREST AND SUMMARY OF
ARGUMENT
ARGUMENT
I.
1
3
A critical mass of minority students is necessary to obtain
the educational benefits of diveisity
3
A. Dean Syverud's testimony confirms this
necessity
3
B.
II.
Seeking a critical mass of minority students is not the
same as a quota or set-aside
8
The professional achievements of minority
graduates from Ohio State corroborate th~
Lempert Study
11
A.
The career success of minority lawyers cannot be
explained as ongoing affirmative
action
11
B.
The leadership positions attained by minority
graduates of the Ohio State University College of
Law demonstrate the value of a diverse student body
14
The background and career of Dean
Gregory H. Williams exemplify the
educational benefits of diversity
18
C.
CONCLUSION
21
CERTIFICATE OF COMPLIANCE
22
i
CERTIFICATE OF SERVICE
23
ii
TABLE OF AUTHORITIES
Lempert, et al., Michigan's Minority Graduates in Prc~ctice:
The River Runs Through Law School, 25 LAw & SOCIAL
INQUIRY 463 (2000)
.1-2, 11-15
Sandra Day O'Connor, Thu rgood Marshall: The Influ~nce of a
Raconteur, 44 STAN. L. REv. 1217 (1992)
3, 20
Smaliwood recognized for promoting equality, CBA TODAY
(Mayll,2001)
Gregory H. Williams, Life on the Color Line (1995)
16
18-19
Gregory H. Williams, Transforming the Powerless to ~he Powerful:
The Public Responsibilities of Law Schools,
28 N.M. L. REV. 1 (1998)
19
iii
STATEMENT OF AMICI INTEREST
AND SUMMARY OF ARGUMENT*
Amici are 36 individual members of the faculty of the Ohio State
University College of Law. Their names appear in the attached
Appendix.
As classroom teachers, amici have a direct stake in the outcome
of a decision of this Court concerning the constitutionality of diversity
as a justification for race-sensitive admissions practices within a law
school. Amici have personally experienced precisely what Dean Kent
Syverud describes in his expert testimony in this case: a critical mass of
minority students is especially important in the context of law school
instruction that employs the Socratic method. A primary purpose of this
brief is to convey to this Court the importance, thoughtfulness, and rich
detail of Dean Syverud's testimony.
In addition, observing the career successes of their own students,
amici can corroborate the findings of the Lempert
 This brief is identical in content to the brief that amici have submitted
in Gmtter.
1
Study, submitted by the intervenors in this case. The brief filed in this
case on behalf of the College of Law disc:usses the Lempert Study (at
pages 16-18), and amici here do rot wish to repeat that discussion. We
add only the important point that the Lempert Study considered, and
rejected, the suggestion that the career successes of minority graduates
results from ongoing affirmative action after graduation. Instead, the
Lempert Study concluded that the professional achievements of
minority graduates are best explained by the talents of those individuals
themselves, and amici here confirm this truth by highlighting several
examples of minority a3.umni from Ohio State.
Finally, amici speak to the direct benefits they and their students
have received because Gregory H. Williams has been Dean and a
faculty member at the College of Law. As described below, Dean
Williams' own background ar d experience illustrate the value of
diversity within a law school community. The stories that Dean
Williams has shared with his colleagues and students are analogous to
the stories that Justice Marshall shared with his colleagues on the
Court, see
2
Sandra Day O'Connor, Thurgood Marshall: The Infliaence of a
Raconteur, 44 Stan. L. Rev. 1217 (1992), and they are enriching and
enlightening in the same way.
ARGUMENT
I.
A critical mass of minority students is necessary to obtain the
educational benefits of diversity.
A.
Dean Syverud's testimony confirms th~ts necessity.
Although other witnesses addressed the issue of "critical mass," it
is worth focusing on the testimony of Kent Syverud, Dean of
Vanderbilt University Law School. Not only does Dean Syverud have
experience teaching at two law schools in the Sixth Circuit (Michigan
and Vanderbilt) and has wcrn teaching awards at both of them but he
—
—
is perhaps the nation's foremost expert on teaching law. Serving as
editor of the Journal of Legal Education, and having published a
bibliography on legal education, he has "pretty much read everything
that's been written on law teaching in the last 50 to a hundred years." 5
Trial Transcript (Tr.) 28. He is also working with the Carnegie
Foundation on a report on professional education and is writing a book
entitled Teaching
3
Across a Career, which addresses a teacher's need for ongoing skill
development. Accordingly, Dean Syverud is uniquely well-positioned
to attest to the importance of racial diversity in legal education.
His testimony confirmed what amid (and other professors) know
from their own experience: unless a classroom has a critical mass of
minority students, class discussions are unlikely to contain a diversity
of minority viewpoints. Moreover, his testimony emphasized that
seeking a diversity of views among members of a minority race is "the
opposite" of assuming there to be a "racial point of view" that "one has
because of one's race." Id. at 51. (In addition, a critical mass of minority
students facilitates a diversity of perspectives in student organizations,
which is an important extracurricular element to the learning
experience at many schools, including Ohio State.)
As Dean Syverud explained, when there is a critical mass of
minority students in the classroom, "they become individuals rather
than representatives of races in the dialogue among students and with
me." Id. at 38. As individuals, they
4
express "a diversity of views." Id. at 39. But withouLt a critical mass of
minority students, this diversity of viewpoints "usually does not
happen." Id. at 40. Instead, as Dean Syverud explained, either the
minority students are silent "because they don't want to be a
spokesperson for their race,'~ id. at 40, or else they express views "that
tend to be politically correct, expected views." Id. at 41.
As Dean Syverud further explained, this kind of tokenism
—
and the racial stereotyping it reinforces is particularly problematic in
—
legal education. One key function of legal education (and higher
education generally) is "to teaTh [students] that they don't know what
...
people think in advance without asking and listening." Tr. at 41. But
"[i]f I have a token African American who is by the dynamxc of the
classroom articulating what is perceived as what that person is
supposed to say on a particular issue, it doesn't help with that lesson."
Id. at 42.
A critical mass of minority students is especially important in
classes, like those common in law school, that use the Socratic method,
which enables the professor "to get a
5
dialogue going in which the students question deeply their assumptions
and provoke other students to see how many different angles there are
in any question that we address." Id. at 37. Because students "learn as
much from each other as they do from the teacher" in a Socratic
classroom, it is important that the student contributions reflect "deep
thinking" rather than "superficial thinking." Id. at 13, 45, 50. Yet
without a critical mass of minority students, the thinking of white
students often remains superficial, because they come to class
"projecting assumptions about [the] views" of minority students and
those views are not adequately challenged. Id. at 43-45, 63.
Accordingly, in a Socratic class, "the qu~1ity of [student] answers is
often a function of the range of knowledge and experience and
background that the students b:ring to bear in answering those
questions." Id. at 45. And because racial background is relevant to the
social dimensions of so many legal issues from torts to property to tax,
—
and not just "civil rights" issues only a token presence of minorities in
—
law school classes will tend to diminish the learning that occurs.
6
Moreover, minority students contribute facts and experiences of
which the professor was unaware. For example, Dean Syverud (who is
also an expert on insurance law) noted the time an African American
student corrected his false assumption, widely shared among
academics, that African American families do not buy life insurance on
their children. Contrary to the then-existing academic literature, the
insurance of children is a prevalent phenomenon among African
American families. But Dean Syverud did nA know this fact until an
African American student mentioned it in class.
This example illustrates, in one small, but significant way, how
racial diversity in the classroom can contribute to the advancement of
knowledge. It also illustrates the important related point that racial
diversity is relevant not only to overtly racial topics, like the history of
slavery or segregation, but also to many other social issues, including
all aspects of law. Insurance is not an overtly racial topic, but
nonetheless race is relevant to the advancement of Imowledge in that
field. This is true because race is such a salient fact in
7
our society, and so there still is a racially distinctive dimension to many
social practices. As professors of family law or criminal law would
testify, for example, it is impossible to teach these fields without
properly considering the role that racial background may have in
affecting one's experience relevant to these fields. And it is exceedingly
difficult, if not impossible, for a class discussion of these topics to
mirror adequately the complexity of race in society unless the
classroom contains a critical mass of minority students. As Dean
Syverud put this crucial point, "it has been my experience that a critical
mass of minority students does bring an experiential base that tends not
to come out otherwise." Id. at 60.
B.
Seeking a critical mass of minority students is not the
same as a quota or set-aside.
In the district court, the Grutter plaintiffs argued that the
University of Michigan Law School's effort to attain a critical mass of
minority students was the functional equivalent of a quota or set-aside.
But this assertion is incorrect. Under the University of Michigan Law
School's policy, as exten~3ively
8
described at trial, the school's interest in a critical mass of minority
students does not dictate admissions decisions. Instead, it is one factor,
to be weighed together with other considerations, in examining the
whole package that each applicant presents. As such, the "plus" that a
particular applicant would make in attaining critical mass in tb.e
classroom may be outweighed by "minuses" in that applicant's file or
other "pluses" that other applicants can bring to the school.
The discussion of critical mass in the district cDurt focused on
whether a particular percentage could be identified as the minimum
necessary for achieving critical ma~;s. Amici agree with the University
of Michigan's view that crilical mass is characterized by a range, rather
than particular percentage. It is also our view that the focus on this
issue is largely unnecessary. Even if it could be said that a particular
percentage of admitted students were the minimum necessary to
achieve critical mass, that fact would not mean that the goal of
achieving critical mass functioned as a quota or a setaside. Instead, as
long as the target percentage was flexible
9
rather than rigid (to be achieved or not depending upon other factors in
all the admissions files in a given year), then the effort to achieve
critical mass would be consistent with Bakke.
That the quest for critical mass functions as a flexible target,
rather than fixed quota, was made clear by the evidence at trial in this
case. As Dean Syverud und'~rscored, a critical mass of African
Americans is not the same as a critical mass of Hispanic or Native
Americans. Since the whole point of achieving a critical mass of a
minority group is to promote student appreciation for the diversity of
viewpoints within each racial minority, 5 Tr. at 51, Hispanic and
Native Ame rican students cannot be grouped together with African
Americans to obtain a critical mass of minorities generally.
But the University of Michigan Law School does not always
attain enough Hispanic or Native American law students to achieve
critical mass of these groups in the classroom. Although that fact is to
be regretted, as Dean Syverud testified, and results in a legal education
that is less sound than would otherwise exist (all else being equal), id.
at 69, it shows that the University of Michigan does not. ignore
10
the consideration of other relevant factors in its effort to attain a critical
mass of racial minorities. Instead, critical mass functions as a goal to be
achieved, when it can be, consistent with the other relevant factors that
inform the law sThool's evaluation of each applicant.
II.
The professional achievements of minority graduates from
Ohio State corroborate the Lempert Study.
The Lempert Study statistically demonstrates that
minority law graduates from Michigan are equally successful as white
graduates. As the Lempert Study itself expLained, this success is not the
product of ongoing affirmative action after graduation. Instead,
minority graduates attain leadership positions within the profession
because of their own talents and abilities. The career paths of Ohio
State's own alumni confirm this crucial point.
A.
The career success of minority lawyers cannot be
explained as ongoing affirmative action.
The Lempert Study considered the skeptical suggestion that
perhaps the success of Michigan's minority graduates was caused by
continuing affirmative action throughout their
11
careers. The study, however, rejected this suggestion as inconsistent
with the evidence. It is unlikely, for one thing, that minority graduates
would report equal levels of professional satisfaction, including equal
satisfaction with the quality of their work, if after decades of practice
they were being retained and promoted by their employers, not because
of their ability to do their jobs, but rather for public relations. Lempert
Study at 497.
Likewise, the study found that the hypothesis of ongoing
affirmative action cannot adequately explain the relatively high level of
incomes of minority alumni, more than twenty years after graduation,
especially for those alumni in solo practice or small firms. Michigan's
minority graduates from the 1970s in solo practice or small firms had
average incomes of $154,400 (and their median income was $95,000)
in 1996, whereas "[w]hite graduates from the 1970s in solo practice and
small firms average somewhat less than their minority classmates." Id.
"From an economic perspective, these solo and small-firm minority
practitioners seem to have demonstrated their competence in the
marketplace." Id. at 498.
12
Moreover, the success of minorities, whether from Michigan or
other law schools, who go on to become partners at large law firms or
high-level government officials cannot be considered the product of
ongoing affirmative action.. For example, as we describe more fully
below, one does not become the lead judge of a court, the president of a
major metropolitan bar association, or the head of an office overseeing
a major metropolitan police department without the requisite talent.
And amici can especially attest to thie fact that one does not become
President of City College cf New York, after serving as Dean of the
Ohio State University College of Law, unless one demonstrates the
necessary leadership skills in previous positions.
Rather, the success of these attorneys, like the success of
Michigan's minority graduates, is best explained by the fact that they
are highly capable individuals. As the Lempert Study put it, "[tjhe
explanation for the high incomes and substantial career satisfaction of
Michigan's minority alumni lies, we suspect, largely in the same factors
that explain the high incomes and substantial career satisfaction of
Michigan's
13
white students: ambition, considerable intelligence, a capacity for hard
work, the quality of a Michigan education, and the prestige and
network benefits that go with a Michigan degree." Id. at 500. When law
students at Michigan in some cases thirty years ago these individuals
—
—
had within them the potential to achieve their future success, whether or
not they had the same LSATs or GPAs as their white classmates.
One compelling justification of affirmative action in law school
admissions is to identify applicants who have this potential for success
despite somewhat lower LSATs and GPAs. No law school should be
deprived of the ability to admit these applicants, in its effort to identify
those most likely to succeed in the practice of law, just because one
fact3r (among many) relevant to predicting the future success of these
applicants is their racial background.
B.
The leadership positions attained by minority graduates
of Ohio State demonstrate the value of a diverse student
body.
The careers of Ohio State's minority law graduates corroborate
the findings of the Lempert Study. For illustrative purposes, we here
identify several especially distinguished
14
careers. While we make no claim that these particular individuals
would not have been able to attend Ohio State absent affirmative
action, we share the Lempert Study's conclusion that, without
race-sensitive admissions policies, minority enrollment in law school
would have diminished significantly during the decades since 1970, and
thus many future minority leaders would have been lost, along with the
tremendous benefits they have brought to society. Lempert Study at 50.
Judge Yvette McGee Brown. A 1985 graduat'~ of the Ohio
State University College of Law, Judge Brown i:riitially worked at the
Office of the Ohio Attorney General. She later worked for the Ohio
Department of Youth Services, and in 1992, she was elected as Judge
of the Domestic Court of Franklin County (and re-elected in 1998). As
Judge,~ she has quickly become a leader in the Columbus community
on youth-related policies. A recipient of the 1999 Champion of
Children Award, she also has been chosen as Lead Juvenile Judge by
her colleagues on her Court.
15
Carl Smallwood. A 1980 graduate of the College of Law, Carl
Smallwood is a partner at Vorys, Sater, Seymour & Pease and currently
serves as President of the Columbus ]3ar Association (the first African
American to do so in its 130-year history). On May 24, he will receive
the Award of Excellence from the Columbus Urban League for his
dedication. to promoting equal opportunities for residents of central
Ohio. See Smallwood recognized for promoting equality, CIBA TODAY
(May 11, 2001).
Kennetha Sawyers. A member of the Class of 1981, Kennetha
Sawyers now heads the newly created Office of Professional
Accountability for the Metropolitan NasLiville Police Department. This
office was created after the Nashville police were reported to have
committed a series of abuses, particularly directed at the city's Hispanic
communiy. The office has jurisdiction to investigate any allegations of
misconduct by a police officer, whether corruption, drugrelated, or
otherwise. Before taking on this assignm~nt, Sawyers served for 13
years as a senior litigator in the city's Metro Legal Department.
16
John Garland. Currently serving as President of Central State
University, an historically black campus in Wilberforce, Ohio, John
Garland received his undergraduate degree from Central State in 1971
and his law degree from Ohio State in 1974. His path back to his
undergraduate alma mater has taken him to the general counsel's office
at the University of Virginia, where he also served as Executive
Assistant to the President and Associate Vice Provost for Intellectual
Property. He has also held the position of General Counsel at the
University of the District of Columbia. Garland was tapped to be
President of Central State with the specific mission of restoring it to
fiscal integrity.
Karen Sarjeant. Since graduating from the CDllege of Law in
1975, Karen Sarjeant has devoted her whole career to public interest
law, representing low-income clients and managing legal service
agencies. In addition to supervising the Legal Aid Bureau in Silver
Spring, Maryland, as its Chief Attorney, she has served as
Vice-President for Programs at the Legal Services Corporation in
Washington, D.C. She currently serves as Deputy Director at the
National Association of Public
17
Interest Law (NAPIL), an organization dedicated to providing public
interest employment opportunities to recent law graduates around the
country. In her current position, she is responsible for management of
all program initiatives undertaken by NAPIL.
Amici are especially proud that Ohio State has graduates of
precisely the kind that these individuals exemplify. They are using their
legal education and their own talents to serve society and serve it with
—
great distinction. It is important that law schools continue to admit into
their classes minority students who have the talent for this kind of
future success.
C.
The background and career of Dean Grgory H.
Williams exemplify the educational benefits of diversity.
Greg Williams, who now serves as Dean of the College of Law
at Ohio State University, and who in August will become President of
City College of the City University of New York, grew up living life on
both sides of the "color line." He believed himself to be white until he
was ten years old, when he learned that he and his father were
"colored." Gregory H.
18
Williams, Life on the Color Line 32 (1995). Dean Wi].liams' childhood
story is a most compelling one, and he won the Los Angeles Times
Book Prize for telling it.
For purposes of this lawsuit, the key fact about Dean Williams is
his opportunity to attend law school at George Washington University.
Otherwise, society might not have enjoyed the benefits of his many
accomplishments. As he himself has observed:
"Many of us teaching law overcame great odds to reach this
coveted place. But we achieved our goals i2ecause others
believed in our abilities and felt we deserved the opportunity to
show we merited the term 'qualij¶ed.' Now it is our obligation to
make sure that those who come behind us have the same
opportunity to prove that they too can meet the challenges of
today."
Gregory H. Williams, Transforming the Powerless to the
Powerful: The Public Responsibilities of Law Schools, 28 N.M. L.
REV. 1, 17 (1998).
Particularly through his leadership as President of the
Association of American Law Schools, Dean Williams has promoted
equal opportunity within legal education throughout the nation. But it is
in his role as a faculty member at the College of Law that amici and
their students have pe:rsonally
19
and directly benefited from the distinctive perspective his background
and experience bring to the law school. Dean Williams' stories of how
race mattered in his experience, both as a child and later as a deputy
sheriff, have greatly enriched the understanding of his colleagues on the
faculty arid also the students in his classes on criminal law. In this
respect, Dean Williams' "special perspective" from his "life
experiences" has served the same role within the College of Law that
Justice Marshall's background and experience did within the Supreme
Court. See Sandra Day O'Connor, Thurgood Marsho ii: The Influence
of a Raconteur, 44 Stan. L. Rev. 1217 (1992).
Moreover, the kind of enlightenment that others receive from
direct contact with a person like Greg Williams is especially important
in the context of an educationa]. institution. It is the function of
diversity as an admission criterion to compose a student body whose
members have a wide variety of backgrounds and experiences, so that
they may learn from each other in the way that amici and their students
have learned from being at the same law school as Greg Williams. This
Court should not deprive a law school of its
20
ability to impart to its students the distinctive educational benefits that a
rich diversity of backgrounds can acLiieve.
CONCLUSION
For the foregoing reasons, the judgment of the district court
should be affirmed in part and reversed in part, as described by the
University of Michigan in its brief.
Respectfully submitted,
EDWARD B. FOLEY
DAVID GOLDBERGER
55W. 12th Avenue
Columbus, Ohio 43210
(614) 292-4288
Louis A. JACOBS
4905 Stonehaven Drive
Upper Arlington, Ohio 43220
(614) 459-5690
Counsel for Amid Curiae
June ji~, 2001
21
APPENDIX:
LIST OF' INDIVIDUAL AMId
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Mary Beth Beazley
Douglas A. Berman
James J. Brudney
Ruth Colker
Elizabeth Cooke
Sharon L. Davies
Anita DiPasuale
Joshua Dressler
Tern Enns
Christopher Fairman
Katherine H. Federle
Edward B. Foley
Thomas Gallanis
David Goldberger
Arthur Greenbaum
L. Camille Hebert
Steven F. Huefner
Louis A. Jacobs
Bruce S. Johnson
Creola Johnson
Robert M. Krivoshey
Stanley K. Laughlin
James E. Meeks
Deborah J. Merritt
Alan C. Michaels
Kathy S. Northern
Mary Ellen O'Connell
John B. Quigley
Nancy H. Rogers
Allan J. Samansky
Barbara R. Snyder
Marc S. Spindelman
Joseph B. Stulberg
Gregory Travalio
Douglas Whaley
Charles Wilson
CERTIFICATE OF' COMPLIANCE
I hereby certify that the foregoing brief complies with FRAP
32(a)(7)(B) by containing 3,670 words.
Edward B. Foley
22
CERTIFICATE OF SERVICE
I hereby certify that the original and six copies of the foregoing
brief were served upon the Clerk, and two copies of the foregoing brief
were served upon the following, by First Class Mail, postage prepaid,
on June IL, 2001:
David H. Herr, Esq.
Kirk 0. Kolbo, Esq.
Maslon, Edelman,
Borman & Brand
300 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402
Michael E. Rosman, Esq.
Hans F. Bader, Esq.
Center for Individual Rights
1233 20th Street, N.W.
Washington, D.C. 20036
Philip J. Kessler, Esq.
Leonard M. Niehoff, Esq.
Butzel Long
350 South Main Street
Suite 300
Ann Arbor, MI 48104
Christopher A. Hanson, Esq.
E. Vincent Warren, Esq.
ACLU Foundation
125 Broad Street, 18~ Floor
New York, NY 10041
Kerry L. Morgan, Esq.
Pentuik, Couvrer & Kobiljak
Suite 230, Superior Place
20300 Superior Street
Taylor, MI 48180
Theodore M. Shaw, Esq.
Olatunde C.A. Johnson, Esq.
Melissa Woods, Esq.
NAACP Legal Defense &
Educational Fund
99 Hudson Street, 16th Floor
New York, NY 10013
Godfrey J. Dillard, E:3q.
Evans & Luptak, P.L.C.
2500 Buhl Building
Detroit, MI 48226
John H. Pickering, Esq.
John Payton, Esq.
Brigid Benitez, Esq.
Stuart F. Delery, Esq.
Anne Harkavy, Esq.
Wilmer, Cutler & Pickering
2445 M Street, N.W.
Washington, D.C. 20037
>i5i~{
Edward B. Foley
23