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  • Mr. Carson: Mr. Justice Rehnquist, as I have said before, consent is not relevant to the decision in this case, we submit, but in addition to that our selection was made, as Mr. Byman mentioned, prior to this Court's decision in Merrill Lynch versus Curran, and in that case that was the first case, that was the case which settled the issue of whether there was a private cause of action based on th
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