:laugh: I feel your pain. I managed to miss the point as well - on my own question! :w00t:

Thanks everyone for the nice words!

For those who want to see for themselves, or try playing around with the issue, here is some repro code:

CREATE TABLE #QotD (Col1 int, Col2 int);

go

INSERT INTO #QotD (Col1, Col2)

SELECT 1, 1 UNION ALL

SELECT 1, 2 UNION ALL

SELECT 1, 3 UNION ALL

SELECT 2, 4 UNION ALL

SELECT 2, 5 UNION ALL

SELECT 2, 6;

go

SELECT COUNT(*)

FROM #QotD

WHERE Col2 <> 4

HAVING MAX(Col2) < 5;

go

DROP TABLE #QotD;

go