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Posted by jan at 11:00 PM 0 comments
US Senate Candidate Mike Lee lectures on the Constitution to a gathering in Draper, Utah. For more information, please visit www.mikelee2010.com MikeLee is a scholar and passionate defender of the Constitution. He has spoken to thousands of people about the importance of and the need to preserve the Constitution. Everything from the Due Process Clause to the Presentment Clause was discussed around the Lee family's dinner table, almost in the same way many families talk about the weather, school, or the day's events. As a result, at a very young age Mike acquired a great love of and admiration for the Constitution and for the principles it is based on. After graduating from Law School in 1997, he served as a law clerk to Judge Dee Benson of the US District Court for the District of Utah. Following his time with Judge Benson he clerked for then-Judge Samuel A. Alito, Jr., who was serving at that time on the US Court of Appeals for the Third Circuit Court. From there he went into private practice, joining the Washington, DC office of Sidley & Austin, where he specialized in appellate and Supreme Court litigation. Several years later, Mike returned to Utah after being invited to serve as an Assistant US Attorney in Salt Lake City, preparing briefs and arguing cases before the US Court of Appeals for the Tenth Circuit. He served as Governor Huntsmans General Counsel from January 2005 until June 2006, when he returned to Washington to serve a one-year clerkship at the US ...
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Two former Chief Justices Eusoff Chin and Ahmad Fairuz Sheikh Abdul Halim along with lawyer VK Lingam have obtain leave (permission) from the appellate court to challenge the findings of the royal commission on the 'Lingam-gate' incident. Tpalace of justice istana kehakimanhe matter will now revert to the Kuala Lumpur High Court's (Appellate and Special Powers division) to be heard on its merits. Justice Tengku Baharudin Shah Tengku Mahmud, who led a three-member panel at the Court of Appeals, announced the 2 to 1 decision this morning. The other judges were Justices Mohd Hishamudin Mohd Yunus and Zaharah Ibrahim. Justice Hishamudin, who known to be fairly independent in his views, disagreed with the ruling. Full story here: www.malaysiakini.com
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Posted by jan at 12:00 PM 0 comments
Consumer lawyer John Watts of Birmingham, Alabama, discusses the right to appeal a decision entered by a judge in a Small Claims or District Court of Alabama. You have the right to appeal to Circuit Court if you are dissatisfied with the result you received in Small Claims or District Court. Normally the time limit is 14 days and there is a fee involved to appeal. The Circuit Court judge will normally not be concerned with the result in the lower court and you will start over. There are normally few appeals as most people understand that generally the orders entered by a District Court of Small Claims Court judge are fair and reflect what a jury or a Circuit Court judge will do. But all parties have the right to appeal and the right to have a jury which you can only have in Circuit Court. If you have any questions, feel free to contact us at 205-879-2447 or visit our website at www.alabamaconsumer.com Have a great day!
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www.cullen-law.com. Orlando personal injury lawyer Kim Michael Cullen discusses a new court decision that prohibits defendants and their lawyers from videotaping medical examinations of accident victims in personal injury cases. The Fifth District Court of Appeals in Daytona Beach ruled that plaintiffs have an expectation of privacy in medical examination, and as a result cannot be forced to allow the negligent party's lawyers to videotape the examination. In the meantime, plaintiffs can videotape the examination for themselves if they so choose. Defendants in lawsuits are allowed to select and pay doctors of their own choosing to examine injury victims and usually give testimony that the plaintiff is not badly injured or that he suffers from pre-existing conditions. The Law Offices of Kim Michael Cullen has experience dealing with these compulsory defense examinations. Call Kim at 407-254-4901.
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Posted by jan at 12:00 AM 0 comments
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Posted by jan at 10:00 PM 0 comments
Be my friend ON facebook (Mayor Boss) www.facebook.com LOS ANGELES (Reuters) - A Los Angeles judge on Friday said fugitive film director Roman Polanski must return to the United States to be sentenced for having sex with a 13-year-old girl in 1977. Judge Peter Espinoza rejected a request by Polanski to be sentenced in his absence, and instead said the Oscar-winning director must return to California. "I choose to insist that he appear," Espinoza said. Polanski, 76, fled California in 1978 and was arrested in September in Switzerland. He is currently under house arrest in Gstaad fighting extradition to the United States. Attorneys for Polanski said they plan to appeal the judge's decision, likely prolonging the decades-long battle now playing out in both Switzerland and Los Angeles to bring him to justice. Polanski, whose movies included "Chinatown" and "Rosemary's Baby," formally asked to be sentenced in his absence earlier this month, after a California appeals court suggested that might be one way of resolving the case. The victim in the case supported his request, but Los Angeles prosecutors opposed the move. They argued that Polanski should not be allowed to "dictate" his case from afar and should not be treated differently because he is a celebrity. "This convicted felon, this child rapist, must surrender to the court," prosecutor David Walgren told the hearing on Friday. Polanski, who won an Oscar in 2003 for "The Pianist," pleaded guilty to unlawful sex with a ...
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Posted by jan at 8:00 PM 0 comments
It's a devastating blow when you or a loved one has been convicted of a crime, whether a misdemeanor or a felony. If you live in Indiana - whether in South Bend, Crown Point, Indianapolis, Valparaiso, or another city or town - you should know that a good criminal defense lawyer can help you in terms of appeals, probation, and sentence modification.
Appeals
If you are convicted of a crime, an experienced attorney can review the charges and trial to determine if there is cause for appeal. For example, there may have been mistakes made in the charges brought against you, or there may have been improprieties during the trial itself. Perhaps there was an exclusion of exculpatory evidence or testimony, or maybe the trial court made a mistake in its decision to join defendants. Perhaps the evidence didn't support a severe charge and conviction, and you should have been tried on a reduced charge and received a lighter conviction.
Appeals can also be made and won based on issues surrounding sentencing. Perhaps a sentence was imposed that was an abuse of the trial court's discretion, or a prior conviction was inappropriately used to justify a harsher sentence.
A good criminal defense attorney is especially important if a conviction on a misdemeanor charge would mean the revocation of a professional license. A successful appeal could mean the difference between maintaining your livelihood and having to start your life over again in a new profession.
Probation Violations
You can experience severe consequences if you are arrested while on probation or if you have violated your probation after conviction and a suspended sentence. An experienced lawyer can present your case in the best possible light in order to avoid the harshest penalties. Given that local jurisdictions can have tremendous leeway in how probation violations are treated, it's important to engage a lawyer who has knowledge of the procedures in each Indiana county. This is particularly crucial if you have been charged with a new crime while on probation, as a conviction means that you would have to serve consecutive sentences for the suspended portion of your original sentence and the sentence for your new conviction.
Sentence Modification
If you've been convicted of a crime, an experienced criminal defense lawyer can often successfully file an appeal with the Indiana State Court of Appeals in order to obtain a sentence modification, verdict reversal, or an order for a new trial.
Even if you've unsuccessfully appealed your verdict, you can still try to obtain what's called post-conviction relief. Post-conviction relief typically involves arguing that you didn't receive effective legal counsel during your trial, that you were coerced into pleading guilty, that new evidence has been discovered, and so forth. When post-conviction relief is successful, your lawyer can work to undo conviction-related damage to your rights and records.
When you've been convicted of a crime, it's difficult to surmount the emotional turmoil and think clearly about the road ahead. That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process.
How an Indiana Criminal Defense Lawyer Can Help After ConvictionJack Sparrow (feat. Michael Bolton) Video Clips. Duration : 3.28 Mins.
Chris Robertson is an author of Majon International, one of the worlds MOST popular internet marketing companies on the web. Learn more about Indiana Criminal Defense Lawyer or Majon's Law and Politics directory.
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Labels: conviction, Criminal, Defense, headphones, Indiana, Lawyer
Posted by jan at 3:23 PM 0 comments
We can help you with a variety of legal problems in Virginia. Call us at 804-526-2101. Our website is found at www.kuchinsky.com . This commercial was written by Neil Kuchinsky, and is available for syndication.
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Ahmed Ragheb in the Popular Conference Against Military Trials
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Gareth Peirce, UK Human Rights Lawyer, talking about the use of Secret Evidence in UK courts. Watch as playlist: www.youtube.com Brighton Peace Festival (19 July 2009) Video by www.amaliaking.co.uk Gareth Peirce discusses her experience of defending men alleged to be a threat to 'national security' in hearings at SIAC (Special Immigration Appeals Commission). Also she shares her concerns that civil liberties and legal fairness are being eroded in the name of the 'war on terror.' She has appeared in many high profile and controversial cases including representing the Birmingham Six, the Tipton Three, the Guildford Four, former MI5 operative David Shayler, Abu Qatada ,the family of Jean Charles de Menezes and Mozzam Begg. LINKS 'Secret Evidence' report by Justice (2009) www.justice.org.uk Gareth Pierce Wiki: en.wikipedia.org Brighton Peace Festival: www.facebook.com
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HouseTaxAx.com If you want to know the answer to this question and 10 more bonus videos that answer the most commonly and frequently asked questions about doing you own property tax appeal, get those answers and other Property Tax Guidelines, simply visit HouseTaxAx.com or, for the complete guidebook, www.housetaxax.com
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Luna argues that New York is not required to accord full faith and credit to the judgment because she was denied due process in the Connecticut proceeding. Dobson contends that the Connecticut proceeding passed the due process test. He points to the dismissal "with prejudice" to conclude that Luna's claim was dismissed on the merits and, therefore, precluded in New York. In our view, however, Connecticut law would not give this Connecticut judgment preclusive effect.
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Posted by jan at 6:00 AM 0 comments
Labor Lawyer in Chester County Pennsylvania Discusses Discrimination in the Work Place
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Marvin Fish: Education: Harvard Law School JD - 1955 University of Pennsylvania Wharton School of Finance and Commerce Major : Accounting BS - 1952 Licensure: State of New Jersey United States District Court for the District of New Jersey United States Court of Appeals for the Third Circuit United States District Court for the District of Columbia United States Court of Appeals for the District of Columbia United States Supreme Court Professional Organizations: American Bar Association New Jersey Bar Association Essex County Bar Association Warren County Bar Association Pittsburgh Institute of Legal Medicine American Trial Lawyers Association The Association of Trial Lawyers of American National Association of Elder Law Attorneys Appointments: Chairman, Hope Township Planning Board Overlook Hospital, Summit, NJ Bioethics Committee 1983 to date Hackketstown Medical Center, Hackketstown, NJ Medical Ethics Committee 2007 - to date Academic Experience: Faculty, Columbia University, Graduate School of Nursing, Teachers College, New York, New York, Lecturer, "Legal Aspects of Nursing and Hospital Administration" 1982 - 1985 Faculty, Seton Hall University College of Nursing South Orange, New Jersey, Lecturer " Legal Aspects of Nursing" 1955 - 1989 Faculty, Mountainside Family Practice Residency Program " Medical Ethics and the Law" 1979 - Present Selected presentations on Health Law and Forensic Medicine at: Rutgers University Tulane University University of Iowa University of ...
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Posted by jan at 5:00 AM 0 comments
The suffering disability as traumatic enough. But if the disability stops you to work on location, you will also stressed because you are not sure how to pay the bills. Maybe it's time to think about disability insurance.
Consider this - in 1999 there was an increase in front of more than 400% of 25 years, in terms of disability for people aged between 17 and 44 There is also a 12% chance that you will be blocked for five years before they reach the ageRetirement. These facts were compiled by the Disability Management Sourcebook.
Now let us compare disability insurance to other insurance companies. Most people have homeowners insurance, but the likelihood that you'll actually use it are less than 2%. Everyone is obliged to carry auto insurance, but use only 2.5% of the population actually. Finally, compare the long-term care insurance, where the odds are 40% if you have a long-term care insurance, to useit.
After all, disabled people represent almost half the need in America, the long-term care. With all these facts, it makes sense that you should at least the possibility of disability insurance.
Some employers offer short-term and long-term disability insurance. This is a route to take to get disability insurance. If you are evaluating a new job, then consider if they offer disability insurance as a benefit. If so, get familiar with the reporting involveddisability insurance.
Second, you could collect long-term disability for Social Security Administration. This is for people who have a disability that prevents them from having at least 12 months. To apply for this, you must fill out a disabled, and send it in the Social Security Administration office. On the basis of your information, they will evaluate your case and either approve or reject you. Your chances of admission depend on your condition and yourDocumentation you provide.
The last option is to take an individual policy for disability insurance. While it is definitely not cheap, consider the practicality of this insurance in comparison to some of the insurance, we discussed above. Shop around to see what different accounts are available, and make sure you have an idea of the subject in which the policy before you buy it.
Finally, I gave you some information about it, know what you need to know about disabilityInsurance. Apply it to your situation today.
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Posted by jan at 4:00 AM 0 comments
Initial benefits may change a life event. It can buy you the time needed to get better and resume a normal life. It can solve your financial problem because you can not work. More than anything, there is help for those who need it. In both cases there is to know the rules.
How is disability defined by the government
Disability is a sensitive issue, but the government social security disability living program centers on your ability and work. If you are not at all workbecause of a disease that is the criteria for disability. You must either unable to work for 1 year or more, or have a permanent, lifelong disability.
You must SSA Medical Expert
You can qualify, but qualified in Social Security Administration (SSA) experts do not base your own doctor. They will be examined by an SSA medical experts, see if your disability benefits warrants.
You can apply again after denial
A large number of SSI applicationsrefused, but denied a surprisingly large number of these just because they are filled out incorrectly. The SSA is not to hoard money, but if you fail to fill the document correctly, you will be denied. Does this with consultation and hiring a professional disability advocate of inestimable value. He or she can best explain this will help in completing the application, and ensure that your rights are not broken.
Money you receive
The rules on the minimum payment for disability vary from state toState. This also depends on whether you also SSID (Social Security Disability Insurance) or SSI (Social Security Income). The difference between these, which have significant experience with the SSID you while you do not have to have worked with SSI. You can expect from $ 500 to $ 2,000 per month for SSDI while you get to a minimum $ 674 for SSI.
Medical care
Both SSDI and SSI programs have medical care available. You are always eligible for Medicaid if youallowed either. With SSDI, you can also get Medicare after some time.
Additional benefits
If you are low income, you can probably get food stamps to help home care and rehabilitation.
The rules of social benefits can be quite complicated. Be denied several times is not unusual. If you are significantly hampered, however, or if you do not help to get before, you should consider hiring an experienced attorney disability. A lawyer guaranteeseligible to fill out the application correctly, that the help and benefits that you deserve and that your rights away.
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Disability May Not Mean What You Think It Means
The word "disability" has a very specific legal meaning under the Social Security laws. To the average person, this can be confusing because Social Security's definition may be different than the definition of disability under other disability laws and programs, such as worker's compensation, temporary disability programs, long term disability insurance, special education programs, the Americans with Disabilities Act ("ADA"), the Department of Veteran Affairs, or the Division of Motor Vehicles definition when you obtain a handicapped plate. In fact, what your treating doctor or therapist thinks is a disability may not be the same as Social Security's definition.
In other words, even if you are considered disabled by another government agency, insurance program or medical professional, this does not always mean you are disabled for Social Security benefits. If you are considering applying for disability benefits, you should not be discouraged by this information though because the fact that you were found disabled under some other program or by your own doctor may still be useful as partial evidence of your disability.
There are also non-medical and financial eligibility requirements for Social Security Disability Insurance (commonly referred to as "SSDI", "SSD", "Disability Insurance Benefits", or "DIB") and Supplemental Security Income (commonly referred to as "SSI") benefits. The requirements are detailed and are beyond the scope of this article. This article is specifically only meant to address the medical eligibility requirements.
The Less Legal Explanation of Disability
Generally, Social Security will consider you disabled for both SSDI and SSI benefits if you meet all of the following criteria:
You generally have to meet all of the criteria listed in order to be found disability. However, depending on the type of medical condition you have and its severity, you may be eligible for disability benefits even if you have the skills to perform certain types of jobs as long as your earnings are limited.
Rules-of-Thumb
Below are some rules-of-thumb that may help make Social Security's definition of disability more meaningful to you.
Scenarios where you may be found disabled
Scenarios where you probably will not be found disabled
Facts that are commonly (but incorrectly) thought to automatically prove disability
Although this is not a strict legal interpretation of Social Security's definition of disability, hopefully, this will give you a general idea about what Social Security is looking for.
What Does Disability Mean to Social Security?"Attitude" Tube. Duration : 8.12 Mins.
Jake C. Santos is the lead Social Security disability attorney at Norrie & Associates ( http://www.norrielaw.com ). His practice includes assisting disabled individuals in the North and Central NJ region with filing applications and appeals for disability benefits with the Social Security Administration ( http://www.socialsecurity.gov ). His primary practice areas also include estate and trust administration, accountings and litigation, elder care and disability law, Medicaid law, estate, trust and tax planning, and immigration. As an associate with the firm, Mr. Santos has also assisted clients in the areas of real estate transactions, property tax appeals, guardianship law, and business and employment law. Information provided in his articles are meant for general information only and should not be construed as a substitute for competent legal advice.
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Labels: Disability, Security, Social
Posted by jan at 3:46 PM 0 comments
1) Should I Breathalyzer test in Rhode Iceland refuse?
The answer is - "it depends". There is no good definitive answer to this question at Rhode Iceland. The only correct answer is, depends on the circumstances. When you test the Breathalyzer, the license and / or privilege to refuse, will be automatically suspended according to the indictment, but before any hearing or disposition of the matter in the case in Iceland Rhode drive. If you refuse breathalyzer test, the oddsare relatively low. prove in a breathalyzer case, the state only that it was likely cause you to believe arrest and reasonable grounds to suspect that during the operation of a motor vehicle in Rhode Iceland intoxicated that you read it right about their rights, and that you actually did was to refuse the breathalyzer. Even if you refuse, the state calculated at the level you have with criminal DUI based on the officer (s) observations. Many, but not all, city and towns will dismiss the criminalObservation case if you are willing to accept a plea for minimum sentences (at least 6 months) at the refusal hearing.
If you lose the case for a Breathalyzer first offense within five years, the punishment of six months to 12 months loss of license and fines and driver will be re-training and community service. You will also need to obtain expensive insurance on your vehicle. The advantages of a refusal of a criminal case is that the penalty for a first rejection of a civil rightViolation, not a criminal conviction will be on your record. (Please note that a 2nd offense refusal in Rhode Iceland is now a crime!)
When you take the Breathalyzer test and fail, you will be charged with a criminal DUI. These cases are much more difficult for the prosecution to prove as a Breathalyzer refusal. Your chances of winning a criminal DUI case is much larger than a refusal case! If you take the Breathalyzer, you will not automatically lose your license onProsecution (as seen in a refusal case). You will only lose your license if you are convicted. In other words, you can drive, while the case is progressing. If convicted in a criminal DUI case, first offense, you will lose your license anywhere between 3 months and 6 months.
If convicted, you must also take on the way classes do community service and get expensive insurance for your vehicle. In a criminal DUI, the State must prove not only to make probable cause for the arrest, theymust prove beyond reasonable doubt that you were too drunk to prove to a motor vehicle in the U.S. state of Rhode Iceland, and that you read it right that your rights and other legal requirements were met to operate. If you lose the criminal DUI case, you have a criminal conviction on your record. A criminal conviction can result in serious injuries employment opportunities and in some cases the loss of a job. In addition, a second or third conviction for DUI / DWI necessarily mean jail Time.
2) Are there any bright line rules in Rhode Iceland?
a) Yes. If you absolutely positive you happen to take the Breathalyzer test.
b) If someone is injured in an accident - either for the breathalyzer.
c) If you already have a criminal DUI within the past 5 years, then you refuse because you necessarily face jail.
d) If you are in a profession in which a criminal conviction may hurt your career or subject you to professional discipline, ie> Lawyers, politicians, teachers, then you should better to refuse.
If the bright line rules do not apply, then what?
Use an assessment. You need to make your needs are to your car against the impact of a criminal conviction have to drive your life balance. If you absolutely need your license for your job and a criminal conviction will not affect your life, then take the test if any of the bright line rules (such as a violation) apply.
If you take the breathalyzer testcan not automatically lose your license and driving while criminal proceedings are pending and will only lose your license if you lose the case. Your chances of winning the criminal case and keep your license is much larger than a refusal case. However, the flip side, if you lose the criminal case, then you will be a conviction on your record and minimum prison for a second offense has potential.
3) Does Rhode Iceland allow a person to go to work after their admissionsuspended for DWI or refusal?
No, there is no exception allows a person to use their vehicle for business purposes, when exposed to them for approval.
Rhode Iceland lawyers Imprint per RI Rules of Professional Responsibility:
The Supreme Court of Rhode Iceland licenses of all lawyers in the general practice of law, not license or certify any lawyer or attorney as an expert or specialist in all areas of practice.
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Posted by jan at 1:00 AM 0 comments
Establishment of Religion Clause Oral Arguments, Part 2 - US Court of Appeals - 202212-2-DVD - 2007-12-04 - The US 9th Circuit Court of Appeals in San Francisco heard oral arguments in two cases on the use of God-related language. In the second case, the Court reviewed a district court's ruling in Newdow v. Carey in which the court permanently prohibited a local school district from leading students in reciting the Pledge of Allegiance. Sacramento physician, aethist, and lawyer Michael Newdow had argued that public schools using the words "under God" in the Pledge of Allegiance violated the Establishment Clause of the First Amendment and was an unconstitutional endorsement of religion. He argued that while reciting the pledge is voluntary, it becomes unconstitutional when students who do not believe in God are forced to hear it. Filmed by C-SPAN. Non-commercial use only. For more information, see www.c-spanvideo.org
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Jovito Salonga is a distinguished nationalist politician, lawyer and leader of the anti-Marcos dictatorship movement. A staunch crusader for clean government and public education, Salonga, together with his law partners, defended numerous political prisoners during that martial law era. During the reign of Marcos, he went on self-exile in the United States, but returned to the country in 1985, less than two years after the assassination of former Senator Benigno Aquino Jr. He came back to help resuscitate the Liberal Party and unite the democratic opposition. A month later, the Supreme Court unanimously dismissed subversion charges against him and he was elected president of the Liberal Party. After the 1986 People Power Revolution, Salonga served as the 14th President of the Senate of the Philippines from 1987 to 1992. In 1991, he led his colleagues in expelling the American military bases from the Philippines, ending more than 470 years of foreign military intervention in the country. After losing in the 1992 presidential elections and following his retirement from government service, Salonga founded Kilosbayan (People's Action), a forum for raising political consciousness and citizens' participation in governance. He also set up Bantay Katarungan, a human rights watchdog which harnesses the talents and idealism of qualified law students from the best law schools in Metro Manila, to monitor the performance of the Supreme Court, the Court of Appeals and Sandiganbayan ...
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Elliot Green is a Family Law Attorney and Divorce Lawyer in Brooklyn who also handles appeals.
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