MessageFrom: Simon, George T. [gsimon@foley.com] Sent: Monday, March 22, 2004 4:01 PM To: rule-comments@sec.gov Cc: dmccabe@bearwagner.com Subject: S7-10-04 - Request to Testify: I am submitting this request to testify on behalf of Daniel McCabe,CEO of Bear Hunter Structured Products, LLC, a subsidiary of Bear Wagner Specialists LLC. Bear Wagner Specialists is one of the largest and most progressive specialist firms in the United States. It employs over 55 individual traders who specialize in the common stock of almost 350 companies listed on the NYSE and Amex. It has brought advanced trading technology to the floors of the NYSE and Amex in order to provide more efficient and liquid markets to investors and market professionals. Bear Wagner's president, Peter Murphy, sits on the NYSE Board of Executives. Bear Wagner believes it provides a unique perspective on the securities markets as both a trading firm in equities and options and as a technology innovator. Given the complexity of the issues involved and the schedule of counsel, Mr. McCabe would appreciate participating in the panel on April 21. George T. Simon Foley & Lardner LLP 321 North Clark Street Chicago, IL 60610-4764 312-832-4554 312-953-9098 Cell 312-832-4700 Fax IMPORTANT NOTICE: The preceding message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error. Then destroy it. Thank you.