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President Bush will have 45 days to decide whether to let the complaint proceed.
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"In the main," it said, "the complaint proceeds from the false premise that Professor Shleifer and his wife were prohibited from investing in Russia".
It also said that BBC presenters were allowed to refer to commercial products, whether directly or indirectly, and the complaint proceeded no further.
"We should let this complaint proceed further rather than denying leave without so much as a word of explanation".
Even if a federal judge allows the complaint to proceed, the lawsuit still faces a series of hurdles.
The prosecutor has full discretion to dismiss the complaint or proceed with a more formal investigation possibly leading to an indictment.
It claims that America, the European Union and others are interested in joining the complaint, which may proceed to a dispute panel this month.For years, Mexicans were forced to pick between two extremes.
But the complaints continue.
If conciliation fails at the commission, a complaint can proceed to the federal court or federal circuit court.
Although the victim decided to withdraw the complaint, Mr. Dunn proceeded with the charges.
The appeals court found that the S.E.C. had enough in its complaint to proceed with the case.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com