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The lawsuit from CYDY seems to say that the 13D group has the opportunity to "cure" (maybe the wrong word) the material omissions in the original proxy (which was short and said very little.)

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If they don't they're doomed. If they do fix it and expose their real intentions they're doomed. But when they're deposed and the records of what they're really doing becomes public they're doomed anyways. It's a no win situation.

If they're smart they'll cut their losses and scurry back to underneath the rocks they crawled out from.