Subject: File No. S7-08-09
From: PHILIP W GEARHART, ESQ

May 8, 2009

My wife and myself have several stock accounts with money in them that may not be a lot to those at the SEC but are non the less significant to us.

The idea that short sellers can operate to push down and even crush a stock is abhorrent.

Please reinstate the uptick rule.

Thanks,

Philip Gearhart