Jonathan, let's say I was a lawyer and decided to take your side... I believe your strongest argument is that it is a unique pose, and I agree it is unusual for a new subject to "pop-up" after all these years. I agree that the card is not ready to be checklisted. We need more information.
Here is an actor/celeb card from ebay's "macyjordy" next to a Von Der Ahe I have. These look similar in design and unlike the baseball players.
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Want to buy or trade for T213-1 (Bob Rhoades)
Other Louisiana issues T216 T215 T214 T213 Etc
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