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Or:
Cheaper to buy the oldies.

I want to get some wraithgaurd for my eldar, but am not paying the $15 USD GW wants for each model.

So, I found a sorce to get a lot of old eldar ghost warriors (the original precursors to wraithgaurd). The problem is, the models are onsiderably shorter than wraithgaurd.

Am I going to have a legality issue because of size? Or do you kust assume they occupy the same size category?

Not trying to use modeling to my advantage, just trying to save a few bucks.

Your Wraithguard just got built by a union bonesinger shop, and they shorted you on some of the materials... Play the models as they stand. As long as they're GW models, I don't see how anyone can (legitimately) complain.

The size makes no difference as they're infantry so size 2, and so long as they are painted GW models no one at a tournement can complain.

Actually the Ghost Warriors came out at the same time as what eventually became known as the Wraithlord. Here's the '88 catalog page they appeared in:
War Machines (which shows both Ghost and Spirit warrior robots and the War Walker)
Dreadnaughts (which shows Dreanaughts which were eventually renamed Wraithlords).

 If you're talking about the figs listed as Ghost Warriors, you probably will run into static and definitely if you do any tournies. Personally, I would care less, but then I'm captain lackadasical when it comes to that kind of stuff and only care that someone shows up with some cool looking models.

(as an aside, it is pretty sad that GW is replacing the 18 year old WL with what, for all intents and purposes, appears to be nothing more than a CAD-scanned copy of the original sculpt. :\)

I wouldn't give you any flak. I've got old terminators, 2nd ed marines and so forth so honestly its okay.

A CAD-scanned copy that is fairly awesome... but I digress.

I wouldn't have a problem with the subsitution. I can shoot through infantry to other infantry or vehicles in V4; it's not like they block line of sight to anything other than Swarms.