Petition for Rulemaking Concerning Shareholder Communications (4-493) Comment

COMMITTEE OF CONCERNED SHAREHOLDERS 10732 Farragut Drive Culver City, CA 90230 http://www.ConcernedShareholders.com Information@ConcernedShareholders.com VIA EMAIL April 26, 2004 Mr. Jonathan G. Katz Secretary Securities and Exchange Commission 450 Fifth Street, NW Washington, DC 20549-0609 Re: Petition for Rulemaking Concerning Shareholder Communications SEC File No. 4-493 Dear Mr. Katz: This letter comments upon the Petition for Rulemaking Concerning Shareholder Communications submitted by the Business Roundtable (“BRT”). The BRT totally ignored the issue of communications by and between Shareholders to solicit votes. In essence, the Petition seeks another tool to assure the continued rein of incumbent corporate Directors. The corporations that the BRT represents come to the table with unclean hands. The Securities and Exchange Commission (“SEC”) should thoroughly consider eliminating the unreasonable hoops through which corporations unreasonably cause Shareholders to jump in order to obtain Shareholder lists. I. Proxy Campaign of Committee The Committee of Concerned Shareholders (“Committee”), formerly known as the Committee of Concerned Luby's Shareholders, consisting of shareholders of Luby’s, Inc. ("Luby's") who met on a Yahoo! Finance Message Board in 2000, is the first grass-roots shareholder group to conduct a formal proxy contest. Luby’s, headquartered in San Antonio, Texas, was then a near ...