VF35 for me as the shield on the reverse is a touch weaker than I think the lower end EF40 grades generally show, but it's close to EF40. Could go either way IMO, a crap shoot.
"Buy the Book Before You Buy the Coin" - Aaron R. Feldman - "And read it" - Me 2013! ANA Life Member #3288 in good standing since 1981, ANS, Early American Coppers Member (EAC), Colonial Coin Collectors Club member (C4), Conder Token Collector Club member (CTCC), Civil War Token Society (CWTS) member, Liberty Seated Collectors Club (LSCC) & Numismatic Bibliomania Society member (NBS), USMex, Member in good standing, 2¢ variety collector.
obv looks VF35 reverse XF40 could go either way. the shield is mostly strike related and i'll ignore that. the reverse is strong enough and the overall look of the coin looks closer to XF40 so i'll go with that.
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