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July 11, 1968                                                             Special
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The ARRL in a letter to its Directors dated July 9, 1968, released the information 
on the settlement of the Don Miller, W9WNV, lawsuit which settlement had previously 
been reported in the WEST COAST DX BULLETIN.  The text of the letter follows:

On June 15, 1968, Dr. Donald W. Miller, W9WNV, signed an agreement to withdraw his 
lawsuit against the League and me, contingent upon ratification of its terms by the 
Board of Directors and upon action of the Awards Committee to grant credit for cer-
tain of his 1968 DXpedition operations, which had been properly documented and con-
cerning which the Committee had received no unresolved complaints.  The matter was
submitted to the Directors, per instructions of the executive Committee, under the
terms of Article 6, and as of July 1 more than the required 60% (11 in favor, 5 op-
posed) of Directors had voted to approve the agreement.

As this matter was originally handled with officers and directors only, at the 
recommendation of the General Counsel and the instructions of the President, it is 
appropriate now to provide a bit of background on developments which led to the 
agreement.  Much of what follows has been furnished me by General Counsel Booth or 
President Denniston.

From the very outset of the litigation, Special Counsel James J. Brosnahan, of the 
firm of Cooper, White & Cooper, San Francisco, Edward F. Peck K6AN, as Co-Counsel 
and General Counsel Booth shared the view that the taking of Dr. Miller's deposition 
at the earliest possible moment was most desirable to acquaint his attorneys fully 
with the true facts concerning certain of his DXpeditions and his representations to 
the Awards Committee and the Directors.  They believed the possibility was great 
that the litigation would be terminated by Dr. Miller once certain basic facts were 
known to all interested parties.

The taking of Dr. Miller's deposition was begun on Tuesday, June 11, in Hartford, 
and continued for the better part of three days.  Some of the facts developed by Mr. 
Brosnahan's questioning were as follows:

Dr. Miller's passport, necessary to establish many of the all-important dates of his 
entries into and exits from various countries disappeared and presumably was lost  
in February of this year, shortly before filing the suit; records and files 
concerning details of many of the DXpeditions were stored in the truck of Dr. 
Miller's automobile which was reported stolen from the New York area in July or 
August of last year and never had been recovered; financial records of contributions 
for his DXpeditions prior to early 1967 are in the possession of the World Radio 
Propagation Study Association and were not available to Dr. Miller; he admitted the 
operation under the call PY0XA, claimed to have been from St. Peter and Paul Rocks, 
actually took place from a boat some 1800 miles northwest of the Rocks and within 
sight of the coast of Venezuela and one of the Caribbean Islands, presumably 
Trinidad; pictures submitted by Dr. Miller which he represented were of the Rocks 
were of other areas or locations in the Caribbean; the name of the boat used for 

                           [page break]

that operation, the `Pussy Galore' was a `nickname' given by either Dr. Miller or 
Herbert Kline, K1IMP, who accompanied Dr. Miller on that `expedition'; many of the 
statements concerning the `Rocks expedition' given by Dr. Miller to the Directors at 
the meeting attended by all the Directors on May 4, 1967, were not true; and he 
could remember few, if any, specific details of any of the alleged trips during 1966 
and 1967 to Chagos (VQ9AA/C), Laccadive Islands (VU2WNV), Blenheim Reef (IB9WNV), 
and Heard Island (VK2ADY/VK0), and had no travel or expense records available to 
support his accounts of those `expeditions.'  Dr. Miller's explanations in an 
attempt to justify the St. Peter & Paul Rocks episode and many of his other actions 
were, in the opinion of the League's counsel, most unconvincing - and, at times, 
incredible.

The attorneys had previously agreed that only three days would be devoted at this 
time to Dr. Miller's deposition, that my deposition would be taken by Dr. Miller's 
attorney during the following three days, and Mr. Kline's deposition would be taken 
by the League in the Boston area on Monday, June 17.  Accordingly, Dr. Miller's 
deposition was suspended after three days to be continued at a later date, and mine 
was begun on Friday, June 14.

According to our counsel, few, if any, facts adverse to the League were developed 
during my deposition.  It was established that complaints concerning Dr. Miller's 
DXpeditions were carefully investigated and thoroughly considered by the Awards 
Committee.  In our counsel's opinion, not one fact was developed to support Dr. 
Miller's claim that I rather than the Awards Committee had made the decisions, that 
I displayed any malice towards Dr. Miller, or had called or termed Dr. Miller a 
"liar and a cheat."

Although some indications of a desire to reach a settlement appeared during the 
taking of Dr. Miller's deposition, specific proposals warranting careful 
consideration were not forthcoming until the end of the first day of the deposition.  
At the very outset of the settlement discussions-the word `settlement' is used in 
the broadest sense and should not be construed as evidencing any weakness by the 
League-it was made clear that not one dime would be paid Dr. Miller to withdraw or 
dismiss his suit.  Any and all suggestions of any payments by the League to DR. 
Miller were summarily rejected.

After many hours of discussion between attorneys and with their respective clients, 
and after liaison with President Denniston by telephone, the agreement was signed by 
Dr. Miller, the League (by me as Secretary), and by me as a defendant.

Basically, the agreement provides, that upon its approval by the League's Board of 
Directors, Dr. Miller shall dismiss his suit against both the League and me, and 
forfeits any right to file that or any similar suit in any court anywhere in the 
United States.

As concerns the 1968 DXpeditions of Dr. Miller, the Awards Committee had earlier 
been supplied with complete documentation by Dr. Miller, and had no unresolved 
complaints against any of those operations.  It had, however, held up release of a 
decision because of complications caused through institution of the lawsuit.  This 
bar having been dropped, the Awards Committee is now able to announce its favorable 
decision on the three operations.  September QST will carry the news.

President Denniston called a special meeting of the Executive Committee in Chicago 
to hear counsel's report and discuss the agreement.  During the meeting, Mr. 
Brosnahan was asked why the League should enter into -any- agreement, in light of 
the most favorable facts developed to date, rather than sit tight with the hope that 


                           [Page Break]


Dr. Miller will become discouraged and give up the case.  He based his very strong 
recommendation that the agreement be approved upon the following considerations;  
trial of the case would take at least a month, would have to be preceded by many 
more depositions in various parts of the United States and possibly overseas, and 
would be most expensive, perhaps involving additional expenditures up to $35,000. 
And possibly even $50,000; trial of a case before a jury always involves 
considerable uncertainly and risk because of the unknown jury, and there always 
would be some possibility of a judgement for Dr. Miller; although arrangements 
between Dr. Miller and his attorneys is not known and cannot be ascertained, certain 
facts indicate that the arrangements are such that the case could be prosecuted with 
relatively little expense to Dr. Miller and, therefore, the possibility of a 
voluntary dismissal or loss of desire to prosecute would be remote; and even if a 
judgement in the League's favor would be obtained after trial, the publicity to the 
League would be no more favorable than can be realized from the present agreement.  
Mr. Brosnanhan most strongly recommended the agreement be approved.  General Counsel 
Booth shared his views.

After extensive discussion, the Executive Committee referred the matter to the Board 
of Directors for a mail vote, with its strong recommendation for approval.  As 
stated earlier, the Board's decision was favorable. Thus the agreement is now in 
effect and the lawsuit should shortly be terminated.

I personally regard this outcome a decisive victory for the League, its officers, 
and employees.  It is indeed unfortunate that the League has been put to such 
unreasonable expense and some of its officers and employees subjected to such abuse.  
However, as our attorneys have said, "anyone can sue anyone else for almost any 
reason, and the party sued has no alternative but to defend".

A brief item on this subject will appear in August QST "League Lines", and a more 
complete story in a later issue.

                                                Sincerely yours,


                                                /s/   John Huntoon

                                                  W1LVQ
                                                  General Manager






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WEST COAST DX BULLETIN  Published by the Marin County DXers to bring a small ray of 
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