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ELECTRONICALLY FILED

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF KENTUCKY



UNITED STATES OF AMERICA    

                  Plaintiff,

                  v.

KENTUCKY REAL ESTATE COMMISSION,   

                  Defendant.


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Civil Action No. 3:05-cv-00188-S


CERTIFICATE OF COMPLIANCE

Plaintiff, the United States of America, hereby certifies that it has complied with the provisions of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(d), and states:

  1. The Proposed Amended Final Judgment was filed on July 15, 2005 with this Court. The Competitive Impact Statement was filed on July 26, 2005;

  2. Pursuant to 15 U.S.C. § 16(b), the Proposed Amended Final Judgment and Competitive Impact Statement were published on August 5, 2005 in the Federal Register, 70 Fed. Reg. 45424 (A copy of the Federal Register Notice is attached as Exhibit A.);

  3. Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the Proposed Amended Final Judgment and Competitive Impact Statement was published in:

    1. The Washington Post, a newspaper of general circulation in the District of Columbia, during the period of August 5 through 11, 2005, and

    2. The Courier-Journal, a newspaper of general circulation in Louisville, Kentucky, during the period of August 5 through 11, 2005

    (Copies of the Proof of Publication from The Washington Post and The Courier-Journal are attached as Exhibits B and C, respectively.);

  4. Copies of the Proposed Amended Final Judgment and Competitive Impact Statement were furnished to all persons requesting them and made available on the Antitrust Division's Internet site;

  5. The 60-day comment period specified in 15 U.S.C. § 16(b) commenced on August 11, 2005, and terminated on October 10, 2005;

  6. The United States had not received any written comments on the Proposed Amended Final Judgment;

  7. Defendant has represented to the United States that it has complied with the requirements of the Antitrust Procedures and Penalties Act, including 15 U.S.C. § 16(g);

  8. Pursuant to the Stipulation and Order filed on July 12, 2005, and entered by this Court on August 4, 2005, and 15 U.S.C. § 16(e), the Court may enter the Amended Final Judgment after it determines that the Judgment serves the public interest;

  9. Plaintiff's Competitive Impact Statement demonstrates that the Proposed Amended Final Judgment satisfies the public interest standard of 15 U.S.C. § 16(e); and

  10. Plaintiff requests that this Court enter the Amended Final Judgment without further hearings and is authorized by counsel for Defendant to state that Defendant joins in this request.

Dated: 17 October 2005

  Respectfully submitted,

/s/ Maurice E. Stucke
Maurice E. Stucke
Owen M. Kendler
Mary Beth McGee
Mark A. Merva

Attorneys for the United States
U.S. Department of Justice
Antitrust Division, Litigation III Section
325 7th Street, N.W., Suite 300
Washington, D.C. 20530
Telephone: (202) 305-1489
Facsimile: (202) 514-7308
E-mail: Maurice.Stucke@usdoj.gov


CERTIFICATE OF SERVICE

I hereby certify that on October 17, 2005, I electronically filed the foregoing with the clerk of the court by using the CM/ECF system, which will send a notice of electronic filing to the following:

  John S. Reed
David J. Hale
Reed Weitkamp Schell & Vice PLLC
500 West Jefferson Street, Suite 2400
Louisville, KY 40202-2812,

          Counsel for Defendant.



/s/ Maurice E. Stucke
Maurice E. Stucke
U.S. Department of Justice
Antitrust Division, Litigation III Section
325 7th Street, N.W., Suite 300
Washington, D.C. 20530
(202) 305-1489 (telephone)
(202) 514-7308 (facsimile)
Maurice.Stucke@usdoj.gov