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Oh, absolutely. Should the 9th rule for incorporation, they will probably send the case back to district court for further remediation consistent with the Circuits decision. There, they can most certainly lose.
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And we would still have incorporation? I'm less concerned about Nordyke's case than it's implications to incorporation. It sounds like you're saying incorporation could stand though it came out of a case that was ultimately lost. They don't get their gun show, but we get incorporation? I'm sorry if I misunderstood your answer.