From: Rastelli, Luca [lrastell@CuraGen.com] Sent: Thursday, January 09, 2003 1:01 PM To: rule-comments@sec.gov Subject: (SEC File No. 4-461) Petition for Rulemaking Mr. Jonathan G. Katz, Secretary U.S. Securities and Exchange Commission 450 Fifth Street, N.W. Washington, DC 20549 Dear Mr. Katz: I want to direct your attention to the Rulemaking Petition proposed by The Committee of Concerned Shareholders and James McRitchie. It's time that the SEC stop allowing public corporations to conduct their board of director elections as they were a communist politburo. SEC Rule 14a-(8)(i)(8) specifically allows public corporations to exclude director nominations from shareholders. Changing 14a-(8)(i)(8) is the ONLY way to bring our democratic traditions into the corporate election process, and eliminate the rubber stamp dictatorships that result from the present system of electing directors. Sincerely, Luca Rastelli Senior Research Scientist Oncology Disease Program CuraGen Corporation 322 East Main St. Branford CT 06405 Ph. 203-8714244 Fax 203-4811102 LEGAL NOTICE: Unless expressly stated otherwise, this message is confidential and may be privileged. It is intended for the addressee(s) only. Access to this e-mail by anyone else is unauthorized. If you are not an addressee, any disclosure or copying of the contents or any action taken (or not taken) in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately.