Definitely against the rules. I suppose an inexperienced operator could 
be excused, but that doesn't sound like it was the case.
 During the CQWW CW contest last year, I worked an OH on 160, way down in 
ESP territory. I later exchanged email with the operator who confirmed 
the contact, but I told him up front I'd already sent in the log, and 
wasn't going to change it. If he'd told me I wasn't in his log, I'd just 
have taken the penalty. Not, of course, that my scores are ever 
competitive, anyway.
73,
Scott K9MA
--
Scott  K9MA
k9ma@sdellington.us
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