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2-27-1980 The Advocate The Advocate, Fordham Law School

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Vol. XI No.7 The Student Newspap~r of Fordham Law School February 27, 1980 ' 00 G . Nat'l Moot Courters .Reach Top 16 by Gwyneth. Murpby Andy Tureff 3A, and Don Shuck 3A. Fordham's National Moot Court The team was chosen last spring Team lost to NYU in the second by a student-faculty committee. in stage of the concluding rounds of August, the team began the ex­ _ the 30th Annual Noot Court Compe­ haustive research for the brief, tition on January 30, at the House which went through eight drafts of the New York City Bar Associa­ before being sum bitted in Novem­ tion. Of the 167 law schools which ber. Fordham wrote for the re­ entered the Competition, Fordham spondant. Georgene Vairo, '79, a is one of the sixteen which made it member of last year's champiop­ to that stage, and one of the 'l:l ship team said "the brief was very which made it to the Nationals. str.ong, the best preliminary state­ The Competition began last Aug­ ment of facts I have ever seen." ust, when the team received .the The team prepared for oral argu­ TraD!~cript of Record for Micro­ ment for a month before the No- ' Wonder, Inc., v. Environmental vember Regionals, in which Ford­ Genetics Laboratory, Inc., (En­ ham lost to NYU in the final round, Gen). The case presented the ques­ and for two weeks before the Jan­ National Team members Don Sbuck, Jacki Hilly, Jr. and Andy "Tuddy" Tureff. tion, whether the Seventh Amend­ uary Nationals. Shuck spoke for seemed thoroughly prepared. " ment requires, and Due Process the petitioner, and Tureff for the face every possible question, even the information is very hard. If it the most improbable. The practice weren't for the fact that we like Dean McLaughin, also present for allows, a jury trial in a complex respondant, on the first issue. Hij­ sessions expose then to sudden each other, we ' would have gone that argument, commented on how patent infringement litigation. The ly, who was named Runner-up Best shifts in questioning, unexpected crazy." Tureff agreed. "Luckily, very hard the team had worked Court of Appeals for the TweHth Speaker in the Regionals, was the and "how proud we are of them." Circuit (who hears all Moot Court "swing" pers.on - she argued both surprise tactics. Amnittedly, the we worked quite well together." work is hard, but they not only he said "We're fairly compatible Fordham's participation in the .cases), had reversed the decision sides of the second issue. have to be able to think on their - which made it easier when we Competition was not limited to the - of the Krypton District Court, Much of the preparation for orals feet, they also have to be able to had to point out each other's ~- three team members. Hilly stated aJJowiD« a jury trial. and the was given to JrUelioI practice shift aDl~lysjs at l!. moment's that "8 real added factor was that United States Supreme Court arguments - two hoon, twice a nesses." granted certiorari. day, five days a week. Professor notice. The practices parallel prep­ Professor Marcus worked close­ so many people at Fordham - fac­ '!be argument against NYU con­ Maria Marcus, the team's advisor, aration for a Supreme Court oral ly with the team through all stages ulty and students - supported us. argument. " of the Competition. "It was a privi­ It goes without saying that Maria cluded nearly six month of work described these practice sessions. for team members Jacti Hilly 3B, "The team has to be prepared to At each round, faculty coached lege to watch the team's develop­ Marcus gave us a great deal ofsDp­ the team on both the substance and ment, and their eagerness to pur­ port, but also Hugh Hansen and presentation of their argument. sUe every .facet of the case. The Gail Hollister were extremely ' ILF Draws Praise Nothing was left untouched; pac­ consummate flair they displayed helpful. Moot Court is a good way ing, rhythm, inflection, volume in the Competition, combined with to make friends." by Bob Hubbard nent. The subscription list, cur­ and non-verbal responses were cri­ Shuck said that the support and ' "Impressive" was the word rently at 65, is growing daily. total command of the substantive tiqued. When thy were not working matter, was evident to everyone the enthusiasm of all the people at used around school to describe Continued growth and accep­ with the faculty, the team grilled who saw them." volume 3 book 1 of Fordham's tance are major goals of the Fordham "kept us going when and coached each other. Michelle. Daly '79, another mem­ International Law Forum. The editors. The' library is ac­ things were pretty bleak." "This was an all-consuming ber of last y~r's team, heard the This support was most evident crisp and attractive format set cumulating volumes, made up proposition," said Shuck, "the Regional argument against N. Y. U. at the rounds against N.Y.U. off the well-prepared articles. partially of exchanges with work is constant. Consolidating all and was "very impressed - they The number of Fordham stu­ The ILF is a welcome addition other legal publications. Un­ , Continued on page 6 to the ranks of Fordham's solici ted professional scholarly publications. . manuscripts have been re- The intensive effort put in by ceived. . _. . Law Women to Attend National Conference the staff and editors is obvious ILF plans to expand the throughout the book; they all editorial board and enforce a by Joanne Dwyer ticipating in the 11th National Conference. Tickets can be justifiably proud. ILF writing requirement. In order Women have achieved a lot o} fir~ts-first woman will be sold through class representatives of Ford-. began this year in.an "office" to be an editor next year a senator, first woman governor, first woman to vote, ham Law Women and will be available in The Ad· which was merely a cabinet writing must be completed by first woman Alaska pipeline fitter. What more do we vocate Office, Room 048A, across from the cafeteria. that had housed the lost and the end of March; to remain on want? I think we want seconds. Tickets are $1.00 for one chance, $1.50 for two, and -Bella Abzug, found collected by the SBA. The the staff! a publisha~le piece $2.00 for three. speaking at Barnard College. , Fordham Law Women lielif tlie first of a series of The 11th National Conference' on Women and the planned pot-luck dinners on February 8, 1980. The Law will be held in San Francisco, California from combination 'of fine food, good drink, warm at­ February 28 to March 2, 1980. Eleven years ago, 50 mosphere (tge fireplace was superb) and exceptional women law students and lawyers gathered at NYU company created a spirited evening as far from the Law School to discuss legal issues affecting women. halls of Fordham as on~ could long to be. Special This year, 3,000 women are expected to participate in thanks to the hostess and women's music coor­ the conference, which provides a unique opportunity dina tor, Laurie Braun. Although the first dinner was for acquiring substantive knowledge and practical limited to women law students, the next pot-luck will skills to deal effectively with the concerns of women be open to all. For those who couldn't decipher the in the legal system. The 160 workshops will address cryptic poster message, B-.Y.O.F. and E.E.E.F. ex­ such diverse topics as career alternatives, domestic plains the basic theme of a pot-luck dinner: Bring Iaw,laoor law, employment, and immigration law. Your Own Food and Eat Everybody ElSe's Food. The Examples of specific workshops are: Trends in date for th~ next dinner will be announced. Negotiating Women's Issues in Contracts, Alter­ International Law Forum Editors natives to Criminal Prosecution for' Vic­ ~*************************. publication had previously ap­ although small and without tim/Witnesses, The Politics of Aging, Abortion ...... lit peared only in mimeograph for­ separate thermostat control, Legislation Strategies, Litigating the Title VII Class .. -.. mat and the, discipline became the ILF office. Funding A~tion, and Energy Resources: lmpact on Indian .. .. necessary for a quality journal was increased to $5,500, and the Tribes. .. .. Fordham Law Women plan to send three represen­ .. .. seemed to be lacking. faculty changed ILF's status .. .. ) from experimental to perma­ tatives to the conference this year. To achieve this .. .. A writing com{)etition was must be completed by the end of goal, a raffle will be held, with tickets on sale from .. .. held last fall and the staff and the summer. Volume 3 book 2 February 18-28. The prizes include Broadway theatre .. .. editorial board grew. Notewor­ should be available by the end tickets for two to Sugar Babies, and dinner for two at .. .. thy faculty assistance came of the school year. Another Tavern on the Green and the Maestro. Dean .. .. from Dr. Teclaff and Professors writing competition is planned McLaughlin will preside at the drawing, which will be .. .. held on February 28. A successful raffle will enable .. .. Sweeney and Hawk. Room 048, for the summer. .. .. Fordham to be counted among the law schools par- ~*************************~ Page 2 February 27, 1980 Editorials Don't Get Caught in the Draft by Gara LaMarche , Service System now has the potential for far Reinforcements Needed Finding ourselves fighting the draft again greater intrusions into the lives of brings about an uneasy sense of deja vu for Americans. Some members of Congress Columbia has approximately 1000 students and 12 people in administra­ 'the American Civil Liberties Union. The have proposed to change the law to give the tion. NYU similarly has almost 1100 students and 8 people running the Union was founded in 1920 by activists from draft agency access to public and private ., school. Fordham, with 1098 students, tries to run a law school with four the National Civil Liberties Bureau, a group school student records, driver's license in­ people. If titere is anybody left who hasn't noticed, it doesn't work. This is formed to conscientiouS objectors formation, and voter registration lists. A during World War I. The ACLU challenged Congressional Budget Office study suggests. a plea to the Administration of this School, President Finlay, the Trus­ the draft throughout the Vietnam War that Internal Revenue and Social Security tees: four people cannot run a modern, competitive, vibrantlaw school. period and' provided legal assistance to System' data be merged by- computer to Too much that needs to be done either doesn't get done or is dropped in thousands of young men. Only last summer, locate 85 percent of draft-eligible persons the laps of students. We need a Dean of Students, to be cognizant of and in­ together with dozens of other religious, within five days. political and civic groups, the ACLU suc­ In addition to the danger of massive inva­ terested in tackling the difficult problem of being a law student. We need ceeded in beating back a Congressional pro­ a person who is responsible to and for the Night School. Let's face it. The sions of privacy, draft classification has in posal to restore registration for the draft. the past been Draconian in its implementa­ night students get cheated by this school every day in every way. We need The margin of' victory-nearly ninety tion. Registrants were routinely denied due an assistant director of ~lacenient to help Elizabeth Walters help us ap­ votes-seemed comfortable at the time. But process of ' law. Young men became proach an impossibly tight job market. that was before Iran and Afghanistan, and criminals for disobeying verdicts of local before the President decided to put the draft boards-verdicts which were issued We know what the reaction to much of this ·will be. "Bunch of damn cry­ weight of his office behind renewed draft babies. When I was in the Law School, I worked in a coal mine from 5 a.m. without the right to counsel and without the registration. Public, Congressional and benefit of judicial review prior to induction. to 9 a.m.; then walked seven miles through the snow to get to my Torts editoriaropinion are now thought to be lean- And it is well known that the classification class. There were no seats; we all stood in class. Placement Office? I . ing heavily toward approval of the Presi­ systen favored the wealthier, more walked door to door with my resume in my teeth." That my be true. But it dent's registration scheme. educated groups and discriminated against is clearly irrelevant. It's 1980 and we are faced with problems unknown to The President has taken pains to point out the poor segments of society. The injustice that he is only proposing to start up registra­ of the classification was one of the reasons the students of past generations. for the move to the All Volunteer Force. A decision is going to have to be made. Is Fordham going to wave good­ tion, and that he does not favor an actual draft at this time. Although there are many Has the All Volunteer Force been such a bye to the Columbia's and NW's vanishing in the distance? Is it going to hardliners in Congress who would welcome failure in meeting the nation's legitimate sit still while newer upstart law schools zoom past? the return of the draft itself, there are many security needs that it needs to be scrapped The morale of students is low. The energy level of faculty and adminis­ more who aren't ready for it and who are in­ in favor of the Leviathan posed by the return trators seems to be low. We all need a commitI¥lent from the President, clined to accept the President's rationale of registration and conscription? Some the Trustees, and the Alumni that Fordham Law School is prepared to that registration is' a prudent measure of would have us believe this, but it is at odds preparedness. with the conclusions reached in a two-year pursue the difficult course of excellence as an institution of legal learn­ Department of Defense study completed ing. And commitment means money. . It is illusory to separate registration from early last year. The Do~ study showed that the draft. Whether accomplished directly or enlisted personnel are within 1.5«,{, of Con­ through the back door of universal registra­ gressionally authorized levels, that more tion, .a draft is nothing less than a form of in­ enlisted personnel are remaining in the ser­ The W'rite Way voluntary servitude prohibited by the Con­ vice than during the draft, and that stitution. This is so antithetical to the disciplinary problems have been Diversity of opportunity has always been one of the selling points of a American value in personal freedom that it dramatically reduced-court martials are can only be justified by the most compelling one-third of the number during the draft and legal career. But no matter on what point on the legal spectrum we find nece5!>ity. No such need now exists. ourselves after graduation, there will be one constant. Writing. All law­ desertions have dropped by half. yers must write. And it is hoped that they will be able to write logically, Not only is registration the first step H the nation's present military needs are concisely, understandably and with a modicum of style. toward an unconstitutional peacetime draft, being met, is universal registration but it poses considerable threats to personal necessary so that troops can be mobilized Traditional law schools (Fordham among them) have often preferred privacy and autonomy. In all the talk and quick.ly for a future natiooaJ emergency? to ignore or give lip service to the difficult problem of teaching legal writ­ writirig about registration in recents weeks, Not according to recent studies. The Con­ ing. One reason they have been able to do this is that the teaching of writ­ it has been aU but neglected that registra­ greuional Budget Office reported late in ing and research, which requires time and personal attention from boUr tion is a lot more than simply giving one's 1978 that inductions could begin only 13 days name and address. Current law requires sooner with peacetime registration. The 13 teacher and student, has been turned over to the law review. registered persons to carry an identification days saved would not produce inductees any Once solely a prize for the academically privileged the legal writing card at aD times, and notify their local draft sooner because of the time it would take to training given by law review-type publications has been broadened by the ooards when they change their address, tem­ expand training facilities. porarily leave the country, and in some p~oliferation of new journals (demonstrated at Fordham by the excellent The 'draft is a massive invasion of con­ new International Law Journal). But two problems remain. This vital cases, change jobs. The present Selective Service Act mandates physical and mental stitutional rights. Registration is in­ training is not available to all and it also remains insufficiently rewarded. classification and according classification separable from the draft and assaultive of The School can make two changes in curriculum to insure that no stu­ "as soon as is practicable" following privacy and autonomy. The volunteer army dent leaves Fordham without an extensive legal writing experience, cul­ registration. is meeting present needs adequately. minating in a publishable paper. (It is assumed here that the first year Peacetime registration will not get troops How would the Selective Service System into battle faster in a time of actual national legal writing course gives only the most basic training, hardly enough to go about identifying the pool of draft-eligible emergency. go out in the world with.) First, it should be a requirement for gradua tion young persons? WeD, 1984 may come a few that every one complete such a paper, either as a result of journal activi­ years early. Computer technology and data­ ty or by taking one paper course, the nUmber arid breadth of which should matching have come a long way since the Gara LaMarche is Assistant Director of the be expanded. It is true that Fordham hardly needs another required draft was ended in 1973, and the Selective NYCLU. course, but it seems clear that a rigorous writing requirement would have I a more universal usefulness than, for example, Corporations, which could easily be an elective for those so inclined. Second, ' such written work, whether on a journal or in a course, should be rewarded with two credits. Most law schools reward l~w review activity in this way and it can only improve the pool of members and thus the quality of the journals Editor-in-Cbief: Gwyneth Murphy by increasing the rewards of membership. Lord Chancellor: Daniel Heyman Judges, laymen and even other lawyers are constantly complaining Business Manager: Jim BerUes about how poorly lawyers write. By enacting these proposals, Fordham Editorial Page Editor: Jeffrey Glassman can take a step toward guarant-eeing that its graduates won't have to be Arts and Leisure Editor: Sid Gribetz the object of such criticism. . Spiritual Advisor and Guiding Light: Jack Hughes Honorary Circulation Manager: Addison M. Metcalf Fort Lee Correspondent: Richard Feder Circulation Manager: Mitchell Shron A Job Well Done Photography Editor: Barry Werbin We join the entire Law School community in congratulating the Na­ General Counsel: Vincent Briccetti 'I. tional Moot Court Team on their fine performance in the· National Com­ Chief Justice: Ed Henderson petition, and in thanking them not only for the outstanding job they did Ex officio: Bob Hubbard but also for the effort and time which they put in. They really shone, and that reflects on all of us. The Gang: John "The Coach" Leo Excellence in Moot Court has become a tradition at Fordham, a tradi­ John Newell tion established by the hard work of the teams, the dedication of the facul­ Marybeth Sullivan ty advisors, and the $upport of fellow students. Joanne Dwyer We hope the school sees fit to express its appreciation and pride to all © 1980 m~t "bulleau. Fordham UniversitY.School of Law, Room 048A, 140 West 62nd the National Teams since 1975-by engraving their names on the Moot St., NYC 10023. Letters should be typed, triple spaced, and in Strunk and White Court plaques. Future classes should know about Andy, Jacki, and Don-~ style. just as we know about Dean McLaughlin and Professor Lanzerone. And, best of luck to the Jessup team. . ,

February 'J:l, 1980 _Page3

wish to be accepted for ourselves, without Howard Brown, Familiar Faces, Hidde'd reference to our sexual preference, and Lives. N.Y.: Harcourt, Brace, 1976. without fear of discovery of punishment. It Sally Gearhart and William Johnson, Lov­ Fordham'S N~t a Gay Place, would be wonderful if one day I c~d spon­ ing Women, Loving Men: Gay Liberation taneously grasp my lover's hand without a and the Church. San Francisco: Glide, 1974. nagging fear of being seen. It would be a Clinton Jones, Understanding Gay j fA}n homosexual is, after all, a human be­ who care about civil rights and human major development if, before I graduate, I Relatives and Friends. N.Y.: Seabury, 1978. ing, qnd a citizen of the U.S., despite the fact dignity, not just the gays among us. Instead, _could write another article and sign my George Weinberg, Society and the that he finds his sex gratification. in "hat at Fordham, not only is the

DanceJ/ass wJJ/ resume Thursday, February. 28, 3:15 p.m. In Lowenstein Chapel Page 5 p.,e8 . m4e Ahullcm February -rT, 1980 ~~------~~-- A Short Story The Sunday 2 A.M. Observer \ Dear Wellesley, sixth, and his English had begun to slip. I see that's window dressing." "No," I replied wearily. .- I was talking to an old friend of mine, "Well, what do you think of the fact that "Onius, you're showing your admission." "You'n know what the hymenoptera fami­ Onius Huff, in mid-July when we got to talk­ he fired Blumenthal because he kept calling "Nope, I don't mean to bismirch her. ly is?" ing about President Carter's recent purge. the White House and convincing the Presi­ I'm sure she's both competent and loyal, but "No, but I've a strange premonition I'm Onius and I had just finished one of our dent that he shOuld overturn the decisions of you can't call one cabinet change enough to about to find out." usual conversations about men's fashions.' the head of the Office of Budget and I satisfy the black consthchuienc ... the "A hog sphinx is a caterpiilar- Onius, as usual, trying to hide his rustic Management, the successor of Bert black voters ... and I don't blame them."

T ...... m GtIbeda...... ~J.1;o s-ItIa'. Reftew ~ Sum Uld SubelUlI:e

Mat AND INOIVIDlJAL SEaVQ Foa TIIt: ....~ ATTOIlNl'Y AND ....W STtJDEHT . February 'rl, 1980 Page 7 Letter------Dear Editor: Many thanks for sending me a Professor Martin sent The Ad­ copy of The Advocate. It was a vocate this picture of his son Andy, pleasure not only to catch up on the "taken at about Ilh months-since news from FLS, but also to see then .he hasn't really changed all what a professional publication that much. He is bigger though- 18 The Advocate has become. Con­ lbs., 3 oz. at 5 months. The Ad­ grats! vocate joins the rest of the Law All goes well here-it has been a School in sending congratulations busy fall, with two new casebooks to Mike and Ellen Marton on the and a new son (born September birth of A ndy (Class of 20047). 8th, 6 lbs., l00z.). I'm enjoying it, but I miss New York sometimes. Regards, Mike Martin

YO! CLEAN UP YOUR ACT

Designer Jeans and tops at reasonable prices H&S SBA Election Rules Jordache Sasson 1. The positions on the S.B.A. Executive Committee are four: Presi- FASHIONS dent, Vice-President, Secretary aod Treasurer. Gloria Vanderbilt a.) Any person seeking an ~xecutive Committee position must be a dues paying member of the Student Bar Association. . Christian Dior FOR MEN AND WOMEN b.) Presidential nominees must be third year day or fourth year jean St. Germain evening students in the 1980-81 school year. c.) . Any student wishing to declare candidacy must present a petition Givenchy with a declaration of intent to run for a particular position to a Ca$ual wear member of the Election Committee. Said declaration of intent Sportswe~r must be signed by the nominee and fifty (50) dues paying mem­ 10% Discount bers of the S.B.A. Said declaration must also be rec,eived by a

by John "The Coach" Leo because there IS no making it up in perspective of Pro ball. Ken Charles, a former Fordham the afternoon or the next day, University basketball player, The Coach: What was your most spent 5 years playing Pro Basket­ The Coach: What about 'the memorable moment in your col­ ball, 3 with the Buffalo Braves and women? lege career? 2 with the and is Charles: One of the true things • Charles: My father was very anti­ now a flJ'St year law student at Ford­ about Pro Ball is the last thing you sports. During my senior year in ham. I took a few moments to get have to worry about is women, college, he came to watch me for up close and personal with Ken there ar~ women all over the place. the first·time. The game was in the Charles. Garden and I scored 46 points. The Coach: How was the food on The Coach: How did your pro the road? The Coach: What about in the basketball career come to an end? Charles: I got $28.00 per day for Pros? Charles: When Ted Turner took food and used all ot it. But for $1.50 Charles: Starting my first playoff over the Atlanta Hawks, he wanted you can get comparable food in the game. to cut salaries, I along with Truck cafeteria. Robinson and Ron Behagen were The Coach: What do you want to do among those Turner sought to cut The Coach: How do coaches fit into in the future? . salaries on. I went to arbitration to the picture? Charles: I think I will be in the get my money and after that I Charles: Depending on your coach, sports area to a degree, basically didn't feel,like playing. The whole you have slifferent experiences in for two reasons,first I know enough episode turned me off. My ability the Pros. For example, and this of the players and second, after was not in question: As a matter of has nothing to do with their basket­ playing I see needs that are there fact I almost played at Buf­ ball acumen, Hubie Brown and not being taken care of. falo, and was asked to come out: believes in strict discipiine . and But I decided it was time to go on. curfews, while Jack Ramsey is The Coach: Who would you rather Pro sports is short term. The laid back and doesen't believe in be interviewed by Dick Young or average player plays for 3,8 years. curfews. Players under each would John Leo? - The only Knick who was there 3 come away with a different Charles: John Leo, hands down. years ago is Earl Monroe, _ AbUllcatt The Coach: Why Law School? ....•.. .. Charles: I always wanted to do it. I C!!lussffftbs really never planned on going to Basketball Standing the Pro's. If I had planned on going Ken Charles as of February 19 achieved anything yet. There are Wins Losses WANTED: Fiction, Poetry, Haiku. Send to Ron Pro, I would have gone to a big may gain a few pounds in the off Soblera] "The Monthly," Box 882, Fordham basketball school and not Ford­ season but basically you gauge so many great players that never 2B 6 0 University, Rose HIli, P.O. Box 37, Brol'X, NY ham. yourself so 'that you never get out make it. In college we only played a lB· 5 I 1043&. of shape. At Law School, there was few national teams, so at rookie 2A 3 3 GREAT ESCAPE FOR SPRING BREAK! Spend The Coach: What adjustments did no gauge, I just took it as it came camp I was finding out how good I IA 3- 3 your spring vacation In serene Mystic Islands, 3A 3 3 N.J.: waterfront home with picturesque view. 3 you have to blake a(ter being out of and dove in head first. really was. In rookie camp there bdrms . sleeps 9 or more comfortably I Compi. 4E 4 school for a few years? The Coach: Compare the pressure are morning and afternoon prac­ 2 furn., full kltch., heat & hot water, backyard gas Charles: I had to read things 3 or 4 you face in Law School to the tices and it is a week long so if you 2B2 5 grill & dock. Best of all • only 25 minutes from 3B 0 6 Atlantic Cltyl! I Rent from March 15 to March 22 times. The discipline needed is dif~ pressure faced in the Pros? have a bad practice you can make • ONLY $175.00. Call (201) 420-2222 or (201) ferent. When playing Pro ball you Charles: It is most like rookie it up that afternoon or the next day. 118304472 for reservations or more details. Ask never really get out of shape. You camp. In rookie camp, you haven't But you can't afford a bad exam for Jan. And ask about weekend and summer...... weekly retn.

' ...... ~ ,4~1 CLASS OF 1981

\ The SECOND SEMESTER

/' DIS.COUNT

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Note: In order to pick up a 1980 volume you MUST Bub Mitchell Jim Tynion Pat Murphy Jackie Winn RETURN a previously Issued Multlstate Book. John Leo Stephen Baratle Sharon Souther John Hughes

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