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courtlistener_HTML_Query_440

“[T]he Consent Order modified the Donor Agreement as to visitation and access only.”

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courtlistener_HTML_Query_441

“a court properly grants a new trial where . . . (2) the misconduct is prejudicial . . . and (4) the misconduct was not cured by the court’s instructions”

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courtlistener_HTML_Query_442

“Accordingly, the plaintiff cannot rely on the defendant’s failure to consult with him prior to the publication of [the allegedly defamatory material] as evidence of actual malice.”

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courtlistener_HTML_Query_443

stating that a person who elects to plead guilty is bound by the statements he made during the plea colloquy, and may not later assert grounds for withdrawing the plea which contradict those statements

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courtlistener_HTML_Query_444

noting that even if the possibility of nominal damages might save an other- wise moot § 1983 claim, the government defendants would be immune from damages claims because the rights at issue were not clearly defined

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courtlistener_HTML_Query_445

holding that an unapportioned income tax on wages is constitutional

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courtlistener_HTML_Query_446

holding that “affidavits for search warrants are judicial records”

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courtlistener_HTML_Query_447

“[T]he individuals’ rights as interest holders in the LLC is not alone sufficient to qualify them as persons ‘for whose benefit [the] transfer[s were] made’ within § 550(a)(1)’s meaning.”

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courtlistener_HTML_Query_448

stating a victim’s testimony the defendant penetrated her is all that is “required to permit the jury to find beyond a reasonable doubt that the penetration had in fact occurred”

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courtlistener_HTML_Query_449

collecting cases from various jurisdictions

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courtlistener_HTML_Query_450

“An [applicant’s] desire to be free from harassment by criminals motivated by theft or random violence by 2 18-70781 gang members bears no nexus to a protected ground.”

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courtlistener_HTML_Query_451

noting that the Circuit's application of Chevron in Nat'l Mining Ass'n may not have been appropriate, but as of yet it has been a "question unnecessary for [the Circuit] to answer"

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courtlistener_HTML_Query_452

same concession by the Oath Keepers’ counsel

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courtlistener_HTML_Query_453

finding that new unrelated criminal con- duct should not be considered

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courtlistener_HTML_Query_454

"[W]e have often held that an early procedural challenge to a purported policy statement [on the ground that it is actually a legislative rule] is not ripe because it is not yet demonstrable that the agency intends to treat it as having the characteristics of a rule."

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courtlistener_HTML_Query_455

providing that alien must be “accorded an opportunity to be heard at a meaningful time and in a meaningful manner . . . [to] receive a full and fair hearing on [her] claims”

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courtlistener_HTML_Query_456

"judicial rulings alone almost never constitute a valid basis for a bias or partiality motion"

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courtlistener_HTML_Query_457

substantial evidence supported finding that presumption of future persecution was rebutted

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courtlistener_HTML_Query_458

“We are free to affirm a district court decision on any grounds for which there is a record sufficient to permit conclusions of law, even grounds not relied upon by the district court.”

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courtlistener_HTML_Query_459

“[W]e conclude that the appellants’ initial brief fails to demonstrate a preliminary basis for reversal and we therefore summarily affirm the order without the need for an answer brief.”

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courtlistener_HTML_Query_460

explaining that the Secretary of Labor is authorized “to prescribe necessary rules, regulations, and orders with regard to the amendments made by this Act”

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courtlistener_HTML_Query_461

holding that the failure of defense counsel to call a corroborating witness resulted in prejudice to the defendant

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courtlistener_HTML_Query_462

upholding the validity of these regulations

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courtlistener_HTML_Query_463

holding that bankruptcy trustee for contractor could not avoid pre-petition pay- ment of funds from contractor to subcontractors

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courtlistener_HTML_Query_464

upholding the IJ’s adverse credibility determination on “obvious evasiveness”

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courtlistener_HTML_Query_465

finding an argument forfeited due to appellant’s failure to support his assertion with argument or cite relevant authority

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courtlistener_HTML_Query_466

“[P]laintiffs in retaliatory prosecution cases . . . must also prove as a threshold matter that the decision to press charges was objectively unreasonable because it was not supported by probable cause.”

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courtlistener_HTML_Query_467

holding that "immunity from use and derivative use is coextensive with the scope of the privilege against self-incrimination, and therefore is sufficient to compel testimony over a claim of the privilege"

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courtlistener_HTML_Query_468

holding a “good-faith belief” that a defendant was not violating the tax laws, regardless of whether the claimed belief or misunderstanding was objectively unreasonable, prevented conviction under a willfulness standard

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courtlistener_HTML_Query_469

holding that evidence about an act occurring in late March supported proof of a conspiracy alleged to have begun "on or about" April

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courtlistener_HTML_Query_470

suspicion of burglary; reasonable for officer responding to burglar alarm to stop and frisk burglary suspect

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courtlistener_HTML_Query_471

“The presumption places upon the party against whom it operates the burden of producing evidence sufficient to justify a finding of non-existence of the presumed fact....”

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courtlistener_HTML_Query_472

“[A] district judge asked to admit scientific evidence must determine whether the evidence is genuinely scientific, as distinct from being unscientific speculation offered by a genuine scientist.”

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courtlistener_HTML_Query_473

holding that use of an unwitting informant does not trigger a reliability analysis because his actions are not "hearsay"

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courtlistener_HTML_Query_474

characterizing Rule 4004's time prescription, which is "essentially the same" as that in 17 Rule 4007, as "an inflexible claim-processing rule" that is "unalterable on a party's application"

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courtlistener_HTML_Query_475

noting that "the [Supreme] Court [has] distinguished between speaking as a citizen and as an employee, and [has] focused on speech as a citizen as that for which constitutional protection is afforded"

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courtlistener_HTML_Query_476

holding that “[i]t is within the court’s discretion to grant an improvement period within the applicable statutory requirements”

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courtlistener_HTML_Query_477

murder was more egregious than typical, justifying aggravated sentence

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courtlistener_HTML_Query_478

describing elements of res judicata

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courtlistener_HTML_Query_479

holding 41 that where alcohol was served at residence, duty did not end abruptly at the boundary line of the property over which owner exercised control

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courtlistener_HTML_Query_480

declining to decide the issue because plaintiff could not even meet less demanding sliding-scale analysis

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courtlistener_HTML_Query_481

applying a de novo standard

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courtlistener_HTML_Query_482

concluding that Ring does not apply retroactively

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courtlistener_HTML_Query_483

plurality opinion of Brennan, J.

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courtlistener_HTML_Query_484

“Generally, a district court commits reversible error by failing to instruct the jury on all lesser-included offenses.”

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courtlistener_HTML_Query_485

indirect benefits are not protected property interests.

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courtlistener_HTML_Query_486

“Only if the record is devoid of evidence from which a reasonable jury could find guilt beyond a rea- sonable doubt can [the defendant’s] conviction be over- turned.”

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courtlistener_HTML_Query_487

“In this case, as in all others, the district court is required to follow a binding precedent of a superior court, and it abused its discretion in declining to do so.”

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courtlistener_HTML_Query_488

"[O]ur cases rest on the recognition that the right [of access to the courts] is ancillary to the underlying claim, without which a plaintiff cannot have suffered injury by being shut out of court."

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courtlistener_HTML_Query_489

remanding to the district court with instructions to dismiss the complaint under Rule 12(b)(6) for failure to exhaust administrative remedies

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courtlistener_HTML_Query_490

affirming a 750-year sentence for child pornography, which “for practical purposes—is a life sentence”

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courtlistener_HTML_Query_491

finding eligibility where production of “hundreds of pages” of documents seven months after initial FOIA request could reasonably be attributed to plaintiff filing suit one month prior to disclosure

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courtlistener_HTML_Query_492

declining to apply NYS NOW to review of correctness, rather than timing, of agency decisions

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courtlistener_HTML_Query_493

limitation period begins to run when the injured party knows, or as a reasonable person should know, that defendant has committed the alleged harmful act

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courtlistener_HTML_Query_494

“[A]n interlocutory appeal from an order refusing to dismiss on . . . qualified immunity grounds relates to the entire action and, therefore, it divests the district court of jurisdiction to proceed with any part of the action. . . .”

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courtlistener_HTML_Query_495

time for appealing issue in CHINS proceeding commences when dispositional decree is entered and party may not raise issue for first time on appeal from termination proceedings

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courtlistener_HTML_Query_496

holding that unchallenged administrative findings and supporting factual analysis at steps four and five conclusively demonstrated that challenged summary conclusion at step three was properly supported by factual analysis, and "[n]o reasonable factfinder could conclude otherwise"

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courtlistener_HTML_Query_497

holding that a plaintiff can recover money damages for injuries suffered as a result of a federal agent’s violation of her Fourth Amendment rights

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courtlistener_HTML_Query_498

“Indisputably, if Lenz were a truck driver, he would be 1 1 considered a transportation worker under § 1 of the FAA.”

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courtlistener_HTML_Query_499

“Pro se litigants are presumed to have full knowledge of applicable court rules and procedures.”

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courtlistener_HTML_Query_500

“The district court did not rule on Brown’s request for discovery but granted summary judgment on the grounds that there was insufficient evidence of Abraham’s involvement in a conspiracy, precisely the type of evidence sought by Brown.”

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courtlistener_HTML_Query_501

“RFRA does not waive the federal government’s sovereign immunity for damages.”

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courtlistener_HTML_Query_502

"[W]here the critical facts are not genuinely in dispute and the record is sufficiently developed to allow reasoned consideration of an ineffective assistance claim, an appellate court may . . . determine the merits of such a contention on direct appeal."

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courtlistener_HTML_Query_503

concluding giving jury additional instructions at the end of the afternoon did not suggest coercion

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courtlistener_HTML_Query_504

“[A]n officer’s failure to inform the defendant that she is free to leave, standing alone, does not make an encounter nonconsensual.” (citation omitted)

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courtlistener_HTML_Query_505

plaintiff seeking to hold local government liable under § 1983 must establish official policy, custom, or practice of unconstitutional conduct that caused deprivation of constitutional rights

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courtlistener_HTML_Query_506

'"zn the absence ofan express warranty or covenant to repair, there is no implied contract that the premises are suitable or fit for occupation, or for the particular use intended, or that they are safe for use'"(emphasis added

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courtlistener_HTML_Query_507

stating in case where factual basis underlying plea agree- ment became erroneous, repleading or retrial not precluded by Double Jeopardy Clause

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courtlistener_HTML_Query_508

“[W]e will view an error as harmless and not necessitating a remand to the BIA when it is highly probable that the error did not affect the outcome of the case.”

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courtlistener_HTML_Query_509

“The fact that Villalobos stipulated to a drug quantity as part of his plea agreement does not show that he would have pled guilty to this quantity or pled guilty at all if he had been properly informed about the burden of proof as to quantity.”

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courtlistener_HTML_Query_510

defining expert testimony as “result[ing] from a process of reasoning which can be mastered only by specialists in the field,” as opposed to lay testimony, which “results from a process of reasoning familiar in everyday life”

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courtlistener_HTML_Query_511

noting that the fact that the driver was coming from a known "source city" is a relevant factor supporting reasonable suspicion, particularly when other factors indicate that the stay in the source city had been brief

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courtlistener_HTML_Query_512

concluding that the evidence at issue ―was merely impeaching and unlikely to have affected the verdict‖

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courtlistener_HTML_Query_513

cited with approval in Caballes, 125 S. Ct. at 837, and holding that 15-minute stop to issue ticket or citation for missing rear registration light was an unreasonably long detention

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courtlistener_HTML_Query_514

“Before a State may take property and sell it for unpaid taxes, the Due Process Clause of the Fourteenth Amendment requires the government to provide the owner ‘notice and opportunity for hearing appropriate to the nature of the case.’ ”

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courtlistener_HTML_Query_515

state actor’s performance or nonperformance of discretionary function cannot be basis for liability under STCA

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courtlistener_HTML_Query_516

providing examples of expenses that may be considered in determining a child's needs to allow the child to share in his or her parent's financial success

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courtlistener_HTML_Query_517

admission of constitutionally “testimonial” evidence of out-of-court statements violates accused’s U.S. Const. amend. VI and XIV right to confront adverse witnesses unless declarant unavailable and accused had prior opportunity for cross-examination

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courtlistener_HTML_Query_518

discussing the collateral consequences of a criminal conviction

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courtlistener_HTML_Query_519

in advisory guideline system, - 2 - district court may find facts that go beyond defendant’s admissions

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courtlistener_HTML_Query_520

explaining purpose of probation is probationer's rehabilitation while under supervision of probation officer and under power of court

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courtlistener_HTML_Query_521

“The Supreme Court has repeatedly instructed lower courts that only it has the prerogative to overrule its own decisions.” (citing Rodriguez de Quijas v. Shearson/Am. Exp., Inc., 490 U.S. 477, 484 (1989

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courtlistener_HTML_Query_522

"Of course, the absence from the court records of an affidavit constitutes some evidence that one did not exist . . . . However, other evidence may be presented to establish the fact that an affidavit was presented, as well as its contents."

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courtlistener_HTML_Query_523

explaining that a law violates the Ex Post Facto Clause if it retroactively “alters the definition of criminal conduct”

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courtlistener_HTML_Query_524

no standing to challenge tax change because it is “speculative” whether a court- ordered reinstatement of tax benefits for indigent services would cause hospitals to resume providing services to the indigent

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courtlistener_HTML_Query_525

looking only to plain text of statute to determine whether legislature excluded justification

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courtlistener_HTML_Query_526

declining to toll the statute of limitations for TILA claims that had run before defendant's subsequent attempts to conceal violations

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courtlistener_HTML_Query_527

"Rule 11 motions are collateral to an action and are not barred if filed after a dismissal order, or after entry of judgment."

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courtlistener_HTML_Query_528

“[a]ctual adverse possession of land by itself for twenty years gives a good title by prescription…No paper title is necessary, nothing but actual bona fide pos- session, this is all which the law requires”

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courtlistener_HTML_Query_529

treating insurance and reinsurance contracts same

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courtlistener_HTML_Query_530

addressing application of Santos to a claim filed under §2241 and dismissed by the district court

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courtlistener_HTML_Query_531

addressing the issue of “whether the district court had jurisdiction to ‘reconsider’ its order remanding the case to state court” and concluding that it 36 did not

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courtlistener_HTML_Query_532

"[A] nonprofit corporation may be organized for 'exclusively educational purposes' even though it provides an educational experience which is 'recreational' in A-2520-20 8 nature." (alteration in original

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courtlistener_HTML_Query_533

deeming the fraudulent concealment doctrine irrelevant where defendants took no subsequent actions to dissuade plaintiffs from their right of inquiry

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courtlistener_HTML_Query_534

taking unprecedented disciplinary action may be evidence of pretext

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courtlistener_HTML_Query_535

this court reviews de novo district court’s application of Guidelines

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courtlistener_HTML_Query_536

“[A] corporation should be allowed an opportunity to secure counsel before permitting an entry of default against the corporation or, as in this case, dismissing the action[.]”

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courtlistener_HTML_Query_537

"Unless the petitioner can show, however, that (1) there are no disputed facts and (2) the circuit court lacked subject matter jurisdiction, a writ of prohibition is unavailable."

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courtlistener_HTML_Query_538

adopting definitions of substantive law and procedural law, comparing them to statutory language, and determining which parts of statute were substantive and which were procedural

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courtlistener_HTML_Query_539

where employee only asked employer to reduce workload, employee failed to provide evidence that employer knew of limitations arising out of disability

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