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February 2008 |
NEXT
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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, February 5, 2008 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15322 City of Newberry, Appellant, v. Newberry Electric Cooperative, Inc., and Wal-Mart Stores East, LP and Wal-Mart Real Estate Business Trust, Respondents. Robert T. Bockman, of Columbia, and Eugene C. Griffith, of Newberry, for Appellant. Thomas H. Pope, III, and Kyle B. Parker, of Newberry, for Respondent Newberry Electric Cooperative. Frank Ellerbe, III, and Bonnie D. Shealy, of Columbia, for Respondents Wal-Mart Stores East & Wal-Mart Real Estate Business Trust. James B. Richardson, Jr., and Patricia Banks Morrison, of Columbia, for Amicus Curiae SCE&G. Len Sullivan Anthony, of Raleigh, NC, for Amicus Curiae Progress Energy Services Co., LLC. Marcus A. Manos and J. David Black, of Columbia, for Amicus Curiae The Electric Cooperatives of SC, Inc. John H. Tiencken, Jr., of Daniel Island, for Amicus Curiae Palmetto Economic Development Corporation. City of Newberry argues that the circuit court erred in finding that an electric distribution cooperative could provide electric service to a customer located in a municipality and that the circuit court erred in holding that their claims were time barred and precluded by equitable doctrines.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15601 The State, Respondent, v. Blair Adams, Appellant. John G. Reckenbeil, of Spartanburg, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Asst. Atty General Harold M. Coombs, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. Adams asserts the circuit court erred in failing to grant Adams' motion to suppress evidence seized by the police after the initial traffic stop allegedly became unlawful due to the fulfillment of its purpose and non-existence of reasonable suspicion, probable cause, or consent to continue the stop.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15599 E. Bruce Morgan, Appellant, v. South Carolina Budget and Control Board, South Carolina Retirement Systems, Respondent. William E. Whitney, Jr., of Union, for Appellant. Kelly H. Rainsford and David K. Avant, of Columbia, for Respondent. In this action to determine the cost to purchase non-qualified service credit under South Carolina Retirement Systems, E. Bruce Morgan appeals the order of the Administrative Law Court requiring the purchase price to be calculated based on Morgan's highest salary.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
15360 Witherspoon Wilson Associates, Respondent, v. Lexington County Community Mental Health Center, Appellant. R. Alan Powell and Mark W. Binkley, of Columbia, for Appellant. David Andrew Maxfield and John S. Nichols, of Columbia, for Respondent. Lexington County Community Mental Health Center argues that the circuit court erred in granting summary judgment to the respondent and by deciding that the appellant breached the commercial lease contract.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
15583 Marsha Elaine Massey, Employee, Respondent, v. Werner Enterprises, Inc., Employer, and Liberty Mutual Insurance Corp., Carrier, Appellants. Stanley T. Case, of Spartanburg, for Appellants. Kathryn Williams, of Greenville, for Respondent. In this workers' compensation case, Werner Enterprises and Liberty Insurance Corporation (collectively "Appellants") appeal a circuit court order affirming the Workers' Compensation Commission's award of benefits to Marsha Massey. Appellants argue the Commission erred in awarding Massey benefits because: (1) an employer-employee relationship did not exist between Werner and Massey; (2) Massey elected and received coverage under Nebraska law; and (3) the Commission lacked jurisdiction over Massey's claim. Appellants further argue the Commission erred in computing Massey's weekly wage and compensation rate.
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3:30 p.m. | (Time Limits: 10-10-5 ) |
15733 Debra K. Kuglar and John A. Kuglar, Appellants, v. Michael L. Turner and Denise B. Turner, Respondents. In the Interest of Ashley Blake Turner, A Minor Child. Jeffrey M. Butler, of Walterboro, for Appellants. David Warren Miller, of Aiken, for Respondent Michael L. Turner. John D. Elliott, of Columbia, for Respondent Denise B. Turner. Gregory P. Harlow, of Aiken, Guardian Ad Litem In this family court case, we must decide whether the family court judge properly refused to terminate the parental rights of both Michael Turner and Denise Turner.
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Tuesday, February 12, 2008 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15535 Mozingo & Wallace Architects, L.L.P., Respondent/Appellant, v. Patricia Grand, a South Carolina Limited Partnership, Appellant/Respondent. Henrietta U. Golding and Christopher L. Williams, of Myrtle Beach, for Appellant-Respondent. David B. Miller, of Myrtle Beach, for Respondent-Appellant. This case involves cross-appeals in a mechanic's lien action. Patricia Grand argues the trial court erred in holding Mozingo and Wallace Architects complied with its obligations under the contract. Patricia Grand also asserts the trial court erred in holding Mozingo was entitled to attorney's fees as the prevailing party and in failing to award it attorney's fees. Mozingo and Wallace Architects argue the trial court erred in limiting its award of attorney's fees to the principal debt recited in the notice and certificate of mechanic's lien without affording credit for prejudment interest.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15609 The State, Appellant, v. Crystal McAbee, Respondent. John Benjamin Aplin, of Columbia, for Appellant. Karen M. Quimby, of Spartanburg, and Appellate Defender Kathrine H. Hudgins, of Columbia, for Respondent. In this criminal case, we must determine whether the trial court properly refused to revoke Crystal McAbee's probation based solely on the violation of conditions imposed by the Department of Probation, Parole, and Pardon Services.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15418 Paul Weston, MD, Respondent, v. Margaret J. Weston Medical Center, Appellant, v. Odessa K. Chavous, Third-Party Defendant Charles J. Boykin and Karla McLawhorn Hawkins, of Columbia, for Appellant. Donald Gist, DeAndrea Gist Benjamin, Stephen Keith Benjamin, and John S. Nichols, of Columbia, for Respondent. In this case, Weston was contracted as a physician with the Medical Center, and at trial, he claimed he was terminated without proper cause. The jury returned a general verdict for $200,000 in actual damages and $300,000 in punitive damages in Weston's favor. On appeal, the Medical Center contends the trial court erred in denying their motions for directed verdict on breach of contract and modified breach of contract. Further, the Medical Center claims it was error to deny their motions for a new trial absolute, a new trial nisi remittitur, and a mistrial.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15608 The State, Respondent, v. Jimmy L. Owens, Jr., Appellant. Appellate Defender LaNelle C. DuRant, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R. J. Shupe, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. A jury convicted Jimmy Owens, Jr. of criminal sexual conduct with a minor in the first degree and lewd act on a minor. Owens appeals his conviction arguing the trial court erred in admitting a telephone call between Owens and his mother, which was recorded during Owens's incarceration. Owens further argues the trial court erred in certifying a forensic interviewer as an expert.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
15600 Roger M. Singleton, Jr., Appellant, v. George D. Sherer and Julie Underwood, Respondents. Darra James Coleman and Charles S. Gwynne, of Columbia, for Appellant. S. Jahue Moore, of West Columbia, for Respondents. In this premises liability action, the appellate court evaluates the liability of an owner of a raccoon. The Appellant sues his sister and former brother-in-law, the Respondents. The Appellant's sister had received the pet raccoon from the Appellant. The raccoon was extricated from the wild and allegedly domesticated, living in the house of the Respondents. The issues to be decided on appeal are: (1) the status of the Appellant, i.e. social guest or licensee; (2) the existence of non-existence of a duty of care owed by the Respondents; (3) whether the record reveals any negligence on the part of the Respondents; (4) proximate cause in regard to Appellant's injuries suffered from the raccoon bite; (5) the applicability of the assumption of the risk doctrine pursuant to Davenport v. Cotton Hope Plantation Horizontal Property Regime; and (6) the status of the raccoon, i.e. a domesticated animal or a creature of the wild.
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Tuesday, February 5, 2008 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15598 MBNA America Bank, Appellant, v. Mark Christianson, Respondent. Edward E. Gilbert, of North Charleston, for Appellant. David Charles Alford, of Spartanburg, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15614 Grinnell Corporation d/b/a Grinnell Fire Protection, Appellant/Respondent v. John Wood, Respondent, and American Home Assurance Company, Respondent/ Appellant, and Government Employees Insurance Company, Respondent. Amy Miller Snyder, of Greenville, for Appellant-Respondent. Peter Harris Dworjanyn, of Columbia, for Respondent-Appellant. Steve F. DeAntonio, of Charleston, for Respondent GEICO. David Whittington, of Summerville, for Respondent John Wood.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
15540 Lawrence Brayboy, Employee, Respondent, v. WorkForce, Employer and American Home Assurance, Carrier, Defendants, Of Whom WorkForce, Employer, is the Appellant. Kirsten Leslie Barr, of Mt. Pleasant, for Appellant. Matt Jackson, of North Charleston, and John S. Nichols, of Columbia, for Respondent.
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Cases to be Submitted Without Oral Argument | |
14866 |
The State,Respondent, v. Ayree Henderson,Appellant.
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14867 |
The State,Respondent, v. Terry A. Clayton,Appellant.
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15050 |
The State,Respondent, v. Jeffrey Sheldon Carlson,Appellant.
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15065 |
The State,Respondent, v. Daniel Cook,Appellant.
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15082 |
The State,Respondent, v. Andrew Morris,Appellant.
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15114 |
The State,Respondent, v. James Edward Sargent,Appellant.
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15115 |
The State,Respondent, v. Geoffrey Murray,Appellant.
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15129 |
The State,Respondent, v. William Chadwick Davis,Appellant.
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15130 |
The State,Respondent, v. Leon Barnes,Appellant.
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15131 |
The State,Respondent, v. Robbie Collins,Appellant.
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15168 |
The State,Respondent, v. Latorey Green,Appellant.
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15169 |
The State,Respondent, v. Leroy Francis,Appellant.
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15170 |
The State,Respondent, v. Alvin Earle Ballard, Jr.,Appellant.
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15171 |
The State,Respondent, v. Bobby Wayne Allison,Appellant.
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15172 |
The State,Respondent, v. Harold Douglas,Appellant.
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15174 |
The State,Respondent, v. Rainey Crosby,Appellant.
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15180 |
The State,Respondent, v. Daniel Shannon,Appellant.
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15181 |
The State,Respondent, v. Tyhia Mattress,Appellant.
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15182 |
The State,Respondent, v. Marcus McClintock,Appellant.
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15221 |
Isiah James, Jr. #096883, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.
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15266 |
Sara Mae Robinson, Mary Ann Campbell, James Scott, Ellis Scott, William Scott, Shirley Pinckney Hughes, Julius Steven Brown, Leon Brown, Annabell Brown, Loretta Ladson, Kathleen Brown, Mozelle B. Rembert, Patricia Frickling, Ruth Mitchell, Gwendolyn Dunn, Angela Hamilton, Geraldine Jameson, Remus Prioleau, Julius Prioleau, Anthony Prioleau, Judy Brown, Franklin Brown, Kathy Young, Kenneth Prioleau, Willis Jameson, Melvin Pinckney, William "Alonzie" Pinckney, Ruth Fussell, Hattie Wilson, Marie Watson, Gloria Becoat, Angela T. Burnett and Lawrence Redmond, Appellants, v. The Estate of Eloise Pinckney Harris, Jerome C. Harris, a Personal Representative and sole heir and devisee of the Estate of Eloise P. Harris, Daniel Duggan, Mark F. Teseniar, Nan M. Teseniar, David Savage, Lisa M. Shogry-Savage, Debbie S. Dinovo, Martine A. Hutton, The Converse Company, LLC, Judy Pinckney Singleton, Mary Leavy, Michelle Davis, Leroy Brisbane, Frances Brisbane, and John Doe, Jane Doe, Richard Roe, and Mary Roe, who are fictitious names representing all unknown persons and the heirs at law or devisees of the following deceased persons known as of Simeon B. Pinckney, Isabella Pinckney, Alex Pinckney, Mary Pinckney, Samuel James Pinckney, Rebecca Riley Pinckney, James H. Pinckney, William Brown, Sara Pinckney, Julia H. Pinckney, Laura Riley Pinckney Heyward, Herbert Pinckney, Ellis Pinckney, Jannie Gathers, Robert Seabrook, Annie Haley Pinckney, Lillian Pinckney Seabrook, Simeon B. Pinckney, Jr., Matthew G. Pinckney, Mary Riley, John Riley, Richard Riley, Daniel McLeod and all other persons unknown claiming any right title, estate, interest, or lien upon the real estate tracts described in the Complaint therein, Defendants,of whom Daniel Duggan is the Respondent.
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15285 |
The State,Respondent, v. Frank Moore,Appellant.
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15302 |
The State,Respondent, v. Luis Enrique Vargas Avila,Appellant.
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15310 |
The State,Respondent, v. John Massey,Appellant.
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15311 |
The State,Respondent, v. Clarence O. Rice, Jr.,Appellant.
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15316 |
The State,Respondent, v. Mark D. Bradwell,Appellant.
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15329 |
The State,Respondent, v. Timothy A. Floyd,Appellant.
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15330 |
The State,Respondent, v. Damon L. Jackson,Appellant.
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15407 |
The State,Respondent, v. Joseph Thomas,Appellant.
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15434 |
The State,Respondent, v. Brian Keith Nesbitt,Appellant.
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15435 |
The State,Respondent, v. Adam Holliday,Appellant.
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15455 |
The State,Respondent, v. Zora Stocker,Appellant.
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15459 |
The State,Respondent, v. Phillip Keith Odom,Appellant.
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15466 |
The State,Respondent, v. Marty Hannah,Appellant.
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15494 |
The State,Respondent, v. Darrell Eugene Roberts,Appellant.
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15522 |
The State,Respondent, v. Virgil Lee Culbreath,Appellant.
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15547 |
The State,Respondent, v. Derrek Young,Appellant.
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15571 |
The State,Respondent, v. Donald D. Baker,Appellant.
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15574 |
The State,Respondent, v. Gregory Freeman,Appellant.
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15590 |
One Hundred Eighth Cookingham, Inc., Respondent, v. David K. Miller, Julia J. Miller, Alan Fredrick Hagemaster and Andrew Lee Hagemaster, Appellants.
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15595 |
RRR, Inc. d/b/a Maximum Resort Rentals, Respondent, v. Thomas M. Toggas and Katherine Toggas, his wife, Appellants.
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15597 |
William Eric Rolfe,Respondent, v. Abigail J. Rolfe,Appellant.
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15602 |
The State,Respondent, v. Robert Orlando Hill,Appellant.
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15603 |
In the Matter of the Care and Treatment of Kenneth Michael Outen,Appellant.
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15604 |
The State,Respondent, v. Jerene Markwell Hayward,Appellant.
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15605 |
The State,Respondent, v. Benjamin Fulton,Appellant.
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15606 |
The State,Respondent, v. Kendrick Rice,Appellant.
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15611 |
The State,Appellant, v. Phillips Hungerford,Respondent.
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15615 |
Joey D. Horton, Respondent v. Pyramid Masonry Contractors, Inc. and Hartford Accident Insurance Company, Appellants.
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15618 |
Fr. Timothy J. Watters, Appellant, v. Terminix Service, Inc., and John Furlow, Respondents.
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15624 |
Jerri L. Abate, Respondent, v. Alfonso A. Abate, Appellant.
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15626 |
Anonymous Taxpayer, Appellant, v. South Carolina Department of Revenue, Respondent.
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15704 |
The State,Respondent, v. Ronnie Mills,Appellant.
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15705 |
The State,Respondent, v. Antwan Salters,Appellant.
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15841 |
Jerome Primus,Petitioner v. State of South Carolina,Respondent
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15844 |
South Carolina Department of Social Services, Respondent, v. Tameka Grayson, Leroy Nesbit, Jr., Robert Mallory, Marcus Everett, David Grayson and Lillie Mae Grayson, Defendants, Of Whom Tameka Grayson is the Appellant.In the Interest of: Timberland Nesbitt 12-04-97, Tapanga Nesbitt 05-18-99, Tyqualand Grayson 01-13-01, Tanasia Mallory 05-23-02, Tashonna Everett 03-15-05, Minors Under the Age of 18.
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