Subject: File No. S7-08-09
From: Marwynne Kuhn
Affiliation: Retired

May 5, 2009

We need to reinstate the UP TICK RULE. It beat the market down the last year. When short selling the person must have the Stock availabe like the old Uptick rule.

Why would you give a tool to anyone to destroy the capital market.

The people that want this is trying to make all the money they can which I have no problem with. I do have a problem when it will destroy the market.

Marwynne Kuhn