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May 2011 |
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, May 3, 2011 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18373 Peter D.Grant, Appellant, v. State of South Carolina, Respondent. J. Kirkland Grant, of Charleston, for Appellant. Assistant Deputy Attorney General J. Emory Smith, Jr., of Columbia, for Respondent. In this action pursuant to section 48-39-220 of the South Carolina Code Peter Grant argues the trial court erred in determining he failed to rebut the State’s presumptive title to the marshland surrounding his property.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
18226 The State, Respondent, v. Willie Albert Gilmore, Appellant. M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia. Willie Albert Gilmore appeals his conviction for first-degree criminal sexual conduct, arguing the trial court erred in: (1) declining to charge the jury on the lesser-included offense of assault and battery of a high and aggravated nature, (2) allowing the victim to testify to two statements Gilmore allegedly made during the assault, (3) finding his prior second-degree burglary conviction was admissible for impeachment purposes, and (4) declining to limit a witness's testimony to the facts disclosed during pretrial discovery.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
18377 State of South Carolina, Appellant, v. Rocco Capodanno, Jr., Respondent. Rachel D. Erwin, of Blythewood, for Appellant. S. Murray Kinard, of Lexington, and John S. Nichols, of Columbia, for Respondent. Rocco Capodanno was convicted of driving under the influence. Because the arresting highway patrolman did not produce evidence by the discovery deadline, the magistrate judge suppressed the Datamaster video, but admitted the test results. The judge also prohibited Capodanno from commenting on the absence of an incident video because the patrolman's car camera was inoperable at the time of the arrest. The circuit reversed and granted a new trial based upon its findings that the appropriate remedy was either suppression of the results and the video or no suppression at all, and that the magistrate erred by not allowing Capodanno to comment on the lack of an incident video. The State appeals arguing the circuit court did not apply the correct standard of review, the magistrate properly excluded the Datamaster video only, and the magistrate properly prohibited testimony on the lack of an incident video.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
18400 Engaging and Guarding Laurens County's Environment ("EAGLE"), a non-profit membership organization, Respondent, v. South Carolina Department of Health and Environmental Control and MRR Highway 92, LLC, Defendants, of whom MRR Highway 92, LLC, is Appellant. W. Thomas Lavender, Jr. and Joan W. Hartley, of Columbia, for Appellant. Amy E. Armstrong, of Pawleys Island, for Respondent. Appellant MRR Highway 92, LLC (MRR) appeals from the denial by the Administrative Law Court (ALC) of its demonstration of need request pursuant to Regulation 61-107.17.D.3(a)-(c). MRR argues that the ALC did not have subject matter jurisdiction to hear Respondent EAGLE's request for a contested case hearing and that the ALC erred in failing to uphold the determination of the Department of Health and Environmental Control that MMR was entitled to a landfill permit.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
18140 The State, Respondent, v. Robert Cannon, Appellant. Melissa Jane Reed Kimbrough, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Melody Brown, of Office of the Attorney General, of Columbia, for Respondent. Robert Cannon appeals his convictions for armed robbery and murder arguing that the trial court erred in: (1) denying his motion to suppress a statement he made to law enforcement regarding his involvement with the homicide, (2) denying his motion to halt the trial based on the disclosure of discovery after the start of trial, and (3) in admitting photographs of the victim taken during the autopsy and photographs of the crime scene.
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Wednesday, May 4, 2011 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
18301 The State, Respondent, v. Sandy Burgess, Appellant. Robert T. Williams, Sr. and Benjamin A. Stitely, of Lexington, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R.J. Shupe, of Office of the Attorney General, of Columbia, for Respondent. In this Fourth Amendment search and seizure case, Sandy Burgess argues the trial court erred in determining the police officer had reasonable suspicion to initiate a traffic stop and contends the drug evidence subsequently discovered should have been excluded from evidence.
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
18296 York County and Nazareth Baptist Church of Rock Hill, Inc., Appellants, v. South Carolina Department of Health and Environmental Control and C & D Management Company, LLC, Respondents. Robert Guild, of Columbia, for Appellant Nazareth Baptist Church of Rock Hill. Amy Elizabeth Armstrong, of Pawleys Island, for Appellant York County. Susan Annelle Lake, of Columbia, for Respondent SCDHEC. Leon Carroll Harmon, of Greenville, and Joan W. Hartley, of Columbia, for Respondent C & D Management Company, LLC. York County appeals the Administrative Law Court's order affirming DHEC's approval of a permit to C&D Management, LLC to build a construction and demolition landfill in York County.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17660 Jekeithlyn Ross, Appellant, v. Jimmy Ross, Respondent. David Michael Collins, Jr. and N. Douglas Brannon, of Spartanburg, for Appellant. Hattie Darlene Evans Boyce, of Spartanburg, for Respondent. Jekeithlyn Ross appeals the family court's order denying her alimony in which the court found Jekeithlyn failed to timely file her request for alimony.
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Thursday, May 5, 2011 | |
Courtroom I
(Court convenes at 11:45
a.m.)
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
17948 In the Matter of the Estate of Charles Galen Rider, a/k/a C.G. Rider Carolyn S. Rider, Appellant, v. Estate of Charles Galen Rider, Thomas M. Grady, Personal Representative, Respondent, and Deborah Rider McClure, Ginger C. Rider, Christian James McClure and Austin Patrick McClure, Respondents. Terry A. Finger, of Hilton Head Island, and Laurel Blair, of Greenville, for Appellant. Stephen Edward Carter, of Hilton Head Island, for Respondent Estate of Charles Galen Rider. Douglas Whitsett MacNeille, of Hilton Head Island, for Respondent Deborah Rider McClure. Daphne A. Burns, of Reno, Nevada, for McClure Respondents. In this probate action, Carolyn S. Rider appeals the probate court's order that held certain securities were part of the estate of her deceased husband, Charles Galen Rider. She argues the probate court erred in reasoning those securities were not effectively transferred to her prior to her husband's death because (1) he issued an entitlement order regarding the securities before his death that made the transfer of the securities effective upon the date the order was made; (2) he and the bank that held those securities entered an agency agreement that provided "prior actions" of he and the bank were not affected by his death; and (3) his transfer of the securities constituted an inter vivos gift completed before his death.
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12:30 p.m. | (Time Limits: 10 - 10 - 5) |
18312 Douglas Earl Stiltner and Christine Rene Stiltner, Appellants, v. USAA Casualty Insurance Company, Respondent. John S. Nichols and Blake Alexancer Hewitt, of Columbia, and Bryan D. Ramey, of Piedmont, for Appellants. J. R. Murphy and John M. Grantland, of Columbia, for Respondent. Appellants Douglas Earl Stiltner and Christine Rene Stiltner brought a declaratory judgment action against Respondent USAA Casualty Insurance Company, seeking reformation of the automobile insurance policy issued by USAA to Douglas Stiltner on the grounds that USAA failed to make a meaningful offer of underinsured motorist coverage (UIM). The parties filed cross-motions for summary judgment, and the trial court granted summary judgment to USAA, holding (1) USAA had made a meaningful offer of UIM coverage Douglas Stiltner and (2) Douglas Stiltner properly rejected coverage through the signature of his wife, Christine Rene Stiltner. The Stiltners appeal, arguing (1) there was a genuine issue of material fact as to whether Mrs. Stiltner was acting as Mr. Stiltner's agent when she signed the form rejecting UIM coverage on his policy and (2) even if Mrs. Stiltner had the authority to take action on Mr. Stiltner's insurance policy, there was a reasonable dispute as to whether she was acting within the scope of her authority.
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Wednesday, May 4, 2011 | |
Courtroom II
(Court convenes at 11:00
a.m.)
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
18310 Matthew C. Sullivan, Appellant, v. Hawker Beechcraft Corp. (f/k/a Raytheon Aircraft Co.), Raytheon Aircraft Co., Teledyne Continental Motors, Inc., J.P. Instruments, Inc., Pacific Scientific Company, Aircraft Belts, Inc., Dukes, Inc., FloScan Instrument Co.,Inc., UMA, Inc. dba UMA Instruments, Inc., Orlando Avionics Corp. dba Orlando Aircraft Service, Mena Aircraft Interiors, Inc.,The Estate of John William C. Coulman, Deceased, The Estate of Eric Johnson, Deceased, Rodrick K. Reck, Phillip Yoder, and John Does, 1-14 (whose true names are unknown) Individuals and/or corporations involved in the design, manufacture, inspection, installation, maintenance, servicing, and/or repair of Beechcraft V35 Bonanza Aircraft Registration No. N9JQ, its engine, fuel system, restraint systems, or component parts, Defendants, of whom, Pacific Scientific Company, Aircraft Belts, Inc., and Mena Aircraft Interiors, Inc. are Respondents. Blake Alexander Hewitt, of Columbia, Robert V. Phillips, and Chad A. McGowan, of Rock Hill, for Appellant. Jamie R. Lebovitz, Ellen M. McCarthy, and Brenda M. Johnson, of Cleveland, OH, for Appellant. Susan Hofer and Payton Hoover, of Charlotte, NC, for Respondent Mena Aircraft Interiors, Inc. Michael Wilkes and Melissa Nichols, of Spartanburg, for Respondent Aircraft Belts, Inc. Russell T. Burke, of Columbia, Jim Hunt and Garth Aubert, of Los Angeles, CA, for Respondent Pacific Scientific Company.
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
18431 V.E. Amick & Associates, LLC, Respondent, v. Palmetto Environmental Group, Inc., Appellant. Charles E. Carpenter, Jr., of Columbia, for Appellant. Wesley Dickinson Peel, of Columbia, for Respondent.
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Cases to be Submitted Without Oral Argument | |
16599 |
The State, Respondent, v. Stacey V. Smith, Appellant.
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17642 |
The State, Respondent, v. Alphonso Simmons, Jr., Appellant.
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17702 |
The State, Respondent, v. Miguel Sauceda Robinson, Appellant.
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17928 |
South Carolina Department of Transportation, Respondent, v. Grice, Mercer, & Livingston, LLC, Appellants,and Lattie M. Upchurch, Jr., (Mortgagee), James Stanley Grice, Sr. (Mortgagee), Harold N. Livingston, Sr. (Mortgagee), Dominion Credit, LLC F/K/A Wakita Capital, LLC (Judgement), Magnolia Tire Company (Judgement), Grand Strand Water and Sewer Authority (Construction Assessment), Defendents.
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17971 |
The State, Respondent, v. William Coaxum, Sr., Appellant.
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17972 |
The State, Respondent, v. Brian Garris, Appellant.
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17985 |
The State, Respondent, v. Leroy Leek, Appellant.
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18027 |
Ronald Jarmuth, Appellant, v. The International Club Homeowners Association, Inc., Rosemary Toth, Henrietta Golding,and K.A. Diehl & Associates, Respondents.
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18061 |
Levi Bing, #308051, Appellant, v. South Carolina Department of Corrections, Respondent.
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18073 |
James Chaplin and Lewiston Chaplin, Appellants, v. Mary Mae Robinson, Harriet Mae Brown, Rochelle Robinson, Florence Davis, Christine Black, Jaqueline Moultrie, Lucinda Robinson, JoAnn Robinson, Henry Robinson, Sr., Archie Robinson, Arthur Robinson, Sr., and John Doe and Mary Roe, infants, insane persons, and incompetents being fictitious names designating as a class of unknown person or persons, who may be an heir, distributee, devisee, legatee, widow, widower, assign, executor, administrator, creditor, successor, issue or alienee of Henry Robinson, Jr., Eddie Green, Maggie Mitchell, Adeline Green, deceased, and any other person, known or unknown, having any claim, right, title, estate in or lien upon the parcel of real property described in the Complaint herein, Defendants, of whom Arthur Robinson and Lucinda Robinson are the Respondents.
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18077 |
Charles Mason, Appellant, v. South Carolina Department of Corrections, Respondent.
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18078 |
William C. McKinnedy, III, Appellant, v. South Carolina Department of Corrections, Respondent.
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18099 |
The State, Respondent, v. Darrell Goss, Appellant.
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18100 |
The State, Respondent, v. Middleton L. Hatchell, Appellant.
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18101 |
The State, Respondent, v. Antwione Canada, Appellant.
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18102 |
The State, Respondent, v. Leroy Bennett, Appellant.
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18103 |
The State, Respondent, v. John Thomas Hampton, Appellant.
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18125 |
The State, Respondent, v. Joy Mack, Appellant.
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18132 |
The State, Respondent, v. Travis Smith, Appellant.
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18134 |
The State, Respondent, v. Eugene Payton, Appellant.
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18170 |
Safe Federal Credit Union, Respondent v. Jefford Henry, Jr., Appellant.
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18172 |
Alexander Michau, Employee, Claimant, Appellant, v. Georgetown County, Self-Insured Employer, Through S.C. Counties Workers Compensation Trust, Defendants, Respondents.
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18194 |
James Stegall # 247335, Appellant, v. South Carolina Department of Corrections, Respondent.
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18219 |
The State, Respondent, v. Devon Miles Brown, Appellant.
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18247 |
The State, Respondent, v. Lachrisha S. Miller, Appellant.
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18259 |
Marcus J. Parker, Petitioner, v. State of South Carolina, Respondent.
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18267 |
Ex Parte: Willie Mae Miles, Appellant. In Re: Estate of Wallace Miles, Respondent.
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18300 |
Hunter's Creek Homeowners Association, Inc. (HOMEOWNERS),Respondent v. Hunter's Creek, Inc. (DEVELOPER), and Glenn's Bay, Inc.(BUILDER), Appellants.
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18313 |
CitiMortgage, Inc., Respondent, v. Thomas Michael Wicks, The South Carolina Department of Motor Vehicles, Mortgage Electronic Registration Systems, Inc. (MIN# 1000305-0000201898-5), Sharonview Federal Credit Union, Defendants, Of whom Thomas Michael Wicks is Appellant and Robert D. Wicks is (Intervenor)Appellant.
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18315 |
Michael R. and Donna S. Ugino, Appellants, v. Carl W. Peter, H. Stephen Ray, individually and in his capacity as an agent for Wachovia Mortgage Corporation, and Wachovia Mortgage Corporation, Of whom, Carl W. Peter is Respondent.
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18320 |
The State, Respondent, v. Labon D. Gray, Appellant.
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18331 |
The State, Respondent, v. Michael Phillip McFadden, Appellant.
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18344 |
The State, Respondent, v. Lawrence Ingram, Appellant.
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18345 |
The State, Respondent, v. Derrick Williams, Appellant.
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18346 |
The State, Respondent, v. Lateeshe Antonio Nelson, Appellant.
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18348 |
In The Matter Of The Care And Treatment Of Fred Smith, III, Appellant.
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18360 |
The State, Respondent, v. Edward A. Agbo, III, Appellant.
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18379 |
In the Matter of the Care and Treatment of Jeremy Lane Edwards, Respondent, v. State Law Enforcement Division (SLED), Appellant.
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18395 |
Phillip Danny Tims, Respondent, v. J.D. Kitts Construction, Employer, and SCHBSIF, Appellants.
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18404 |
The State, Respondent, v. Travis Jermaine Wright, Appellant.
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18415 |
South Carolina Department of Motor Vehicles, Respondent, v. Andrew Charles Maxson, Appellant.
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18438 |
The State, Respondent v. Verner E. Madden, Appellant.
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18451 |
The State, Respondent, v. Jeffrey Paquette, Appellant.
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18454 |
The State, Respondent, v. Keith Staple, Appellant.
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18462 |
The State, Respondent, v. George Grant, Jr., Appellant.
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18531 |
The State, Respondent, v. William Andrew Lee, Appellant.
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18542 |
SunTrust Mortgage, Inc., Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for SunTrust Mortgage, Inc., and SunTrust Bank, Respondents, v. Jonathan H. Smith and Nicole M. Smith aka Nicole Smith, Appellants.
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18311 |
David Ray Tant, Appellant, v. South Carolina Department of Corrections, Respondent.
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18372 |
Linda J. Keefer, Appellant, v. Rodney A. Keefer, Respondent.
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18212 |
Alpha Contracting Services, Inc., Appellant, v. Household Finance Corp., II, John W. Harris d/b/a SC Corporate Real Estate Service, SC Corporate Real Estate Service, Respondents.
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18337 |
South Carolina Department of Social Services, Respondent, v. Mary C. and Daniel J.C., Defendants, Of Whom Mary C. is the Appellant and Daniel J.C. is the Respondent.__________________Mary C., Appellant, v. Daniel J.C., Respondent.
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18436 |
The State, Respondent, v. John C. Abraham, Appellant.
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