No. of Recommendations: 0
I see two factors in your favor, a) your expired non executed trade notice (hopefully still have it) and b) that both Scottrade and the NASDAQ have not confirmation. I would argue those points plus your what if scenario if you had done something else with the money. If it were me I'd come out swinging.

I had felt that the $38 was too high. I thought a better opening price was closer to $34. I'm still going to sit on the sideline with it below $32.
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