Subject: File No. SR-CBOE-2007-77
From: marshall spiegel
Affiliation: Retired equity member CBOE and CME

August 30, 2007

If the August 20, 2007 Commentator in this rule filing, Jerrold Salzman is the same gentlemen that represented Mark Duffy in the proceeding described in my March 2, 2007 comment letter SR-CBOE-2006-106, please see the attached letter authored by Duffy which is the centerpiece for Mr. Salzman's current client's claims.

Is Mr. Salzman conflicted from advocating in this case since he could be adverse to his client Mark Duffy, a defendant in the Delaware litigation which mirrors these rule filings?

Also it is my recollection in 2004 when I requested Mr. Salzman's representation in my SEC claims in SR-CBOE 2004-16 and 2005-19 he understandably declined because of his representation of Duffy and/or CBOT Holdings.

Please advise of the Commission's position on this.

(Attached File #1: cboe200777-20.pdf)