In Fratzke, we concluded the defendant's statements were not "fighting words," but protected criticism of the government. Fratzke has had a success ratio of more than 50 percent in having his inventions manufactured and marketed, according to the Inventors Hall of Fame biography, but he's had some failures. The most Franzke families were found in USA in 1920. An unusually short lifespan might indicate that your Fratzke ancestors lived in harsh conditions. Daniel Thomas McKenna, 70, died on March 13, 2023 at MercyOne Medical Center in downtown Des Moines. The language of the rule is mandatory and gives a trial court no discretion as to its application. See, Cole v. Great Atlantic and Tea Co., 728 F. Supp. Iowa had the highest population of Franzke families in 1880. The dissent argues that our reading of the rule "will inevitably lead to a miscarriage of justice, as in the instant case." The language of CR 8.01(2) clearly implies that Fratzke had the right to supplement her answers to Murphy's interrogatories concerning her claims for unliquidated damages: " the amount claimed shall not exceed the last amount stated in answer to interrogatories." At the end, she passed peacefully, as she wished, surrounded by loving family at her home in Storm Lake. Susan Fratzke. You have funeral questions, we have answers. KELLER, J., dissents by separate opinion, with LAMBERT, C.J., joining that dissent. 1103, 1106, 31 L.Ed.2d 408, 414 (1972); Cohen v. California, 403 U.S. 15, 20, 91 S.Ct. I am now of the opinion that our decision in Burns v. Level, Ky., 957 S.W.2d 218 (1998), to the extent that it mandated the result here, was erroneous. Liked by Mark S. Fratzke Quarterly Leadership Award Chris Mallon, BSN, RN Nursing Director, Critical Care/Wound Care Chris Mallon has been a San Antonio Care Team Member for by verbal challenge during an investigation," a violation of a city ordinance that made it unlawful "to assault, strike or in any manner oppose, molest, abuse or interrupt any policeman in the execution of his duty." This was about 81% of all the recorded Fratzke's in USA. David Kessler's top 4 tips for dealing with holiday grief. Information and advice to help you cope with the death of someone important to you. An example of data being processed may be a unique identifier stored in a cookie. Wineside, at 1641 Plymouth Road, Minnetonka, 952-600-7093, wineside.com, opens daily at 9 a.m. for coffee and 11 a.m. for lunch and dinner. | In State v. Fratzke, 446 N.W.2d 781, 783 (Iowa 1989), the court recognized that the harassment statute contains a "constitutional safety valve" so as to not punish merely unpopular speech. JESUPDawn L. Fratzke, 58 years old, of Jesup, IA, died Tuesday, September 21, 2021, at MercyOne Medical Center, Waterloo, IA. This site is protected by reCAPTCHA and the Google. We affirm for the reasons set forth below. Joe attended St. Marys School and graduated in 1972. Fratzke claims that the State failed to establish both the "intent to annoy" and "without legitimate purpose" elements of the offense. on Locksmith Advice That You Should Not Miss, The Best Locksmith Tips To Handle Your Locks Yourself, Exploring Systems In Locksmith Home Security. You've got the pronunciation of Fratzke right. In Fratzke, the supreme court rejected a First Amendment challenge to the crime of harassment. Dawn L. Fratzke JESUP-Dawn L. Fratzke, 58 years old, of Jesup, IA, died Tuesday, September 21, 2021, at MercyOne Medical Center, Waterloo, IA. The trial court reserved its ruling on the issue and allowed Fratzke's attorney to continue his opening argument. His argument for reversal of his conviction is both direct and persuasive: Our Constitution does not permit government officials to put their critics, no matter how annoying, in jail. During opening statements, Murphy's counsel objected to references made by Fratzke's attorney concerning damages other than those listed in Fratzke's interrogatory answers or in her trial brief. Fratzke appealed the magistrate's ruling to the district court, renewing his challenge to the insufficiency of the evidence as well as the constitutional claims. Unlike the statute before us, however, the Arizona statute challenged in Baker contained no independent requirement that the communication be "without legitimate purpose." Thus, under the rule, Fratzke's claim for unliquidated damages at trial could not exceed $0.00. She was . It's not that tap walls and card-operated pouring devices are new you can find them at First Draft and the Market at Malcolm Yards, just to name two but Wineside is unique in the sheer number of options. On December 28, 1995, on the afternoon of the last day of trial, Fratzke filed with the court clerk supplemental answers to her interrogatories that provided monetary amounts for her unliquidated damage claims. Get information about Fratzke & Jensen Funeral Home in Schaller, Iowa. www.fremdwort.de ist Ihr online Buch um Themen nachzusehen. Susan Fratzke is a Senior Policy Analyst with MPI's International Program, where she conducts comparative research on asylum policy, forced migration, and refugee resettlement and complementary pathways. Get free summaries of new Kentucky Supreme Court opinions delivered to your inbox! at 472, 107 S.Ct. Then, scan your card at the station that has the wine you'd like to try, select your pour size (they're priced accordingly), and collect your vino. In 1880 there were 25 Fratzke families living in Minnesota. Moreover, he contends that criminal intent may not be inferred from profane or otherwise objectionable language used in a written or oral communication. Most people only research a good locksmith Kingstonat the time they really need one. The unique concept is part restaurant, part market and all wine. Because Trooper Keenan had refused to show Fratzke his radar equipment at the scene, Fratzke accused him of being a liar as well as a "thief disguised as a protector." Visitation will be from 4:00 p.m. 7:00 p.m., Friday, September 24th at the White Funeral Home, Jesup, IA, and for an hour before services Saturday at the church. During opening argument on the same day, Murphy's counsel objected to any mention of Fratzke's claims for unliquidated damages on grounds that CR 8.01(2) prohibited her from recovering on those claims. He [], Suzanne Marie Morrow, 69, of Sioux Rapids died Saturday, April 15, 2023 surrounded by her loving family. noting courts have a duty to avoid constitutional questions if the merits of a case may be fairly decided without addressing them. To accommodate a defendant, CR 8.01 authorizes the use of interrogatories to obtain disclosure of the amount actually sought. Check out these Famous cuisines around the World. Customized folders, video tributes and cap panels can be created by our staff with each . Visitation will take place Wednesday, May 3, from 5-7 p.m. at Fratzke [], R. David Pearse, 87, of Aurelia passed away on Saturday evening, April 29, 2023 at Accura Healthcare in Aurelia. Television and movie writers declared late Monday that they will launch a strike for the first time in 15 years, as Hollywood girded for a walkout with potentially widespread ramifications in a fight over fair pay in the streaming era. Therefore, we hold that Fratzke's attempt to supplement her answers to interrogatories to include amounts claimed for unliquidated damages, which was made on the last day of trial and without leave of court, was ineffective. In other words, the State contends that Fratzke's intent to annoy the trooper as inferred from his remarks furnishes proof that his correspondence had no legitimate purpose. The average life expectancy for Fratzke in 1960 was 58, and 49 in 2004. While the result in this case may seem harsh, it is required by the plain language of CR 8.01 and the holding of Burns v. Level, supra. After noting Fratzke's failure to fully comply with the court's order concerning the trial brief or to fully answer Murphy's interrogatories, the trial court nonetheless overruled the objection stating that such a result was unduly harsh. 1305, Note 2 (E.D.Ky.1990). Funeral services were held Monday, May 1, at Zion Lutheran Church in rural Storm Lake. NPI number lookup. Contrary to the argument made by the dissent, our opinion today does not "bury a landmine in civil litigation." A service to rejoice in her life, faith and memory will be held at St. Mark Lutheran Church, Storm Lake, at 10:30 a.m. on Wednesday April 19. Bei den Erklrungen handelt es sich lediglich um Wortinterpretationen. Sharyn Jackson is a features reporter covering the Twin Cities' vibrant food and drink scene. Defendant William Fratzke stands convicted of the crime of harassment, Iowa Code 708.7 (1) (1987), because he wrote a nasty letter to a state highway patrolman to protest a speeding ticket. Gen., Roxann M. Ryan, Asst. 62910 OB Riley Road Suite 150, Bend Lease Rate: $1.83 SF/mo Sq Feet: 450 +/-929 SW Simpson Avenue, Bend Lease Rate: $2.85 SF/mo Sq Feet: 2714 +/-RATE REDUCED! They say this in order to guarantee you will hire them in your time of need. Fratzke then sought discretionary review of the second Court of Appeals' decision, which we granted. He was born on a farm in . See id. To plant trees in memory, please visit the. Since you have exceeded your time limit, your recording has been stopped. Upon reconsideration, the Court of Appeals reversed the trial court's award of damages in question and remanded with instructions to vacate that portion of the judgment which awarded Fratzke damages for pain and suffering, future medicals, lost wages, and impairment of earning power. Please use the. Unless you are experienced as an estate executor, you probably should hire an attorney. | Janelle Mone dropped a bulky coat to reveal a see-through cage and Jeremy Pope walked in a 32-foot cape emblazoned with the visage of Karl Lagerfeld. (202) 266-1927. Opinion of the court by Justice JOHNSTONE. Crowdsourced audio pronunciation dictionary for 89 languages, with meanings, synonyms, sentence usages, translations and much more. While CR 8.01(2) does not expressly place a duty on a party to supplement answers to interrogatories, it effectively creates such a duty by providing the consequence of failing to supplement. Most auto dealers will give you the idea that they are the only ones authorized to do this. This was about 65% of all the recorded Franzke's in USA. If you continue to use this site we will assume that you are happy with it. | The trial court entered a judgment in accordance with this verdict on February 5, 1996. For the veterans among your Fratzke ancestors, military collections provide insights into where and when they served, and even physical descriptions. Log in or We note that nothing in the rules precludes a trial court from entertaining a motion to supplement answers to interrogatories after trial has commenced. on Rosalie lived her life in Winona and married Carl A. Fratzke Jr. on November 28, 1964. Comcast subscribers aren't able to view NFL Network after the cable company pulled the channel when its carriage agreement expired. Like a window into their day-to-day life, Fratzke census records can tell you where and how your ancestors worked, their level of education, veteran status, and more. Expand the Memories and Condolences form. We note that according to the supplemental answers, service was via the U.S. mail. or post as a guest. We shall consider the arguments in turn. We and our partners use cookies to Store and/or access information on a device. Full funeral and mortuary services including cremation and headstones are available to all families in this area of northwest Iowa. Fratzke's contempt for the trooper and "others of his ilk" was revealed by his claim that Trooper Keenan "just enjoys stealing people's money so he can show everyone what a rednecked m*th*r-f*ck*r he is." Fratzke did not object to this interrogatory, nor was her answer non-responsive since it provided a list of medical expenses incurred to date. Published by Waterloo-Cedar Falls Courier on Sep. 23, 2021. They could be running a scam. Fratzke is one of those rare companies that talks the talk and walks the walk. Further, after a seasonable time had expired, she could have moved the trial court to allow her to supplement her answers. Others will tack on a fee if they have to drive a certain distance. Fratzke & Jensen Funeral Home in Storm Lake was in charge of the arrangements. (Emphasis added). Military rites will be performed by L.A. Wescott Post #2253 and the Cherokee [], On April 13, 2023, Sarah Kristine Monroe died peacefully at her home, surrounded by family, after a long hard-fought battle with cancer. Consider offering these words of comfort if you're not sure what's appropriate. She did neither. State v. Blair, 347 N.W.2d 416, 418-19 (Iowa 1984). His conviction cannot stand because the finding that such criticism is "without legitimate purpose" would be equivalent to finding that the first amendment's promises are not worth the paper they are written on. This argument might have merit if the purpose of CR 8.01(2) was to apprise a party of the nature of an opposing party's claims for *273 unliquidated damages. The problem with that is they can do a shabby job or overcharge you. Bcher bilden, www.fremdwort.de auch. on He claimed the trooper's conduct resulted in an unfair trial that was the product of highway safety priorities gone askew. See, e.g., State v. True, 190 N.W.2d 405, 406-07 (Iowa 1971). Legitimate purpose. Gen., Gordon E. Allen, Deputy Atty. sfratzke@migrationpolicy.org. October 18, 1989. The card will keep a running tab of your purchases. The further the metal piece is pushed into the whole, the longer it will take to remove it. Poking at a key that has broken off in a lock can really make things worse. My parents who are now deceased were P. David Fratzke and Charmaine Litfin Fratzke and my Grandfather was Paul Fratzke married to Mildred Ramberg Fratzke. The same is not true, however, according to the majority, when it explains the "last amount stated" language. When chef J.D. It's surprising how much a musical selection can affect mourning. This result is neither harsh nor hyper-technical. You can try again. By Are you a foodie? To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Belle Martire, Starr Howard and Lauren Russell continued to add to that legacy last season with all-league . Fratzke had a simpler method of amending her claim for unliquidated damages that did not require Fratzke to make a motion to the trial court. Norman "Si" Lester Simons April 25, 2023 Fratzke & Jensen Funeral Home - Newell. Id. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Minnesota had the highest population of Fratzke families in 1880. View Census Data for Fratzke | Data not to scale. Four years ago, Fratzke began developing and prototyping an internal mobile nursing app, a native iOS app called "Infuze," which uses an icon system (color, shape, blinking, etc.) Atty. He's created a list of tasting-friendly small plates and shareable boards and a couple of entrees, like meatballs in red sauce and salmon that lean Mediterranean, especially toward Spanish-style tapas. Further, the rule specifically provides: "No other pleading shall be allowed." (emphasis added). To pair with the wine, there's a menu by top Twin Cities chef J.D. "It'll be this really simple experience of sipping your wine, concentrating on that, and then wow, I didn't know a tin could taste like this," Fratzke said. "Mark Fratzke brings a deep background in both academic and community medicine, along with extensive administrative, clinical and operational experience to Seton Medical Center and Seton . Senior Policy Analyst. April 28, 2023, Donald F. Kruse, 91, of Rembrandt died April 25, 2023 at Buena Vista Regional Medical Center in Storm Lake. Robert L. Prince, Prince & Brien, P.S.C., Benton, for Appellee. Facebook gives people the power to. Apr 4, 2021. While it is important to understand how much the job will cost, it is also important to be aware of any other fees involved in the process. Behind that assortment is Siri Nyman, the wine buyer who's assembled Wineside's primary draw. Donald Fred Kruse was born on [], Mary (Fertig) Cisneros was born on Nov. 2, 1932. Fratzke signed on to helm the food program for Wineside, a new wine bar and gourmet grocery shop in Minnetonka, one of the things he said he was most excited about was a whole . Fratzke in the new role will lead and coordinate . Because the letter had such a legitimate purpose, Fratzke argued, the State's evidence was insufficient to prove he committed the crime of harassment. at 419. Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, NEUMAN, and SNELL, JJ. All Rights Reserved, {{app['fromLang']['value']}} -> {{app['toLang']['value']}}, Pronunciation of Fratzke with 1 audio pronunciations. Schler, Eltern, Lehrer sind herzlich willkommen dieses online Buch zu besuchen. Finally, citing Burns v. Level, supra, Fratzke argues that the trial court had the discretion to overrule Murphy's objection to instructing the jury on unliquidated damages. She attended Storm Lake High School. Wenn Sie auch Inhalte einbringen wollen, dann helfen Sie in der Community mit. for appellee. I. Fratzke seeks reversal of his conviction on alternative grounds: (1) that the record contains insufficient proof that he violated the harassment statute; (2) that the statute is unconstitutional as applied to him because it impairs his first amendment right of free speech; and (3) that the statute is unconstitutionally vague and overbroad. Trooper Keenan testified that he was greatly annoyed by Fratzke's letter because it contained misstatements of fact which impugned his professional reputation and personal integrity. He claims he had a legitimate purpose in that the letter was a love letter expressing feelings about the end, Similarly, in State v. Fratzke, we recognized that harassment of an officer could occur by the mere mailing, Full title:STATE of Iowa, Appellee, v. William James FRATZKE, Appellant, reversing the harassment conviction because, although the language fell under the statute, it could be construed to have a "legitimate purpose". Sollte Cannabis Ihrer Meinung nach legalisiert werden und welche Auswirkungen knnte dies auf die Gesellschaft haben? An abundance of tinned preserved fish from around the world is one way to build-your-own tasting, either at home or in the restaurant. 1780, 1785, 29 L.Ed.2d 284, 291 (1971); Terminiello v. Chicago, 337 U.S. 1, 4, 69 S.Ct. COOPER, J., Special Justice SUSAN WESLEY McCLURE, STUMBO, J., and WINTERSHEIMER, J., concur. This is evidenced by our reliance in Burns on National Fire Insurance Company v. Spain, Ky.App., 774 S.W.2d 449, 451 (1989), which held that CR 8.01(2) prevents a trial court from awarding damages for unliquidated claims that are in excess of the last amount claimed by the plaintiff in answers to interrogatories. Or send flowers directly to a service happening at Fratzke & Jensen Funeral Home. You can explore additional available newsletters here. The basis of this argument is the assertion that Murphy was fully aware of Fratzke's claims for the damages in question. A hard and fast rule prohibiting recovery of damages for failure to answer damages interrogatories will inevitably lead to a miscarriage of justice, as in the instant case. While Brewbaker claims Drahota is persuasive authority, as a case out of Nebraska, its ruling is not binding on this court, nor do its facts resemble those presented here. Congrats! at 1035; see also Lewis v. New Orleans, 415 U.S. 130, 132, 94 S.Ct. Burial will be in Quimby Cemetery. The Supreme Court has made it clear that in order to uphold the constitutionality of a state statute that attempts to criminalize the use of opprobrious words or abusive language the statute must, by its own terms or as construed by the state's courts, be limited in its application to "fighting words" and must not be susceptible of application to speech that is protected by the first and fourteenth amendments. The majority characterizes this language as "unfortunate." Therefore, the decision of the Court of Appeals is hereby affirmed. Get information about Fratzke & Jensen Funeral Home in Storm Lake, Iowa. Darriel Eddie Tilk was born Jan. 27, 1929, in Fontanelle, the son of John E. and Ella (Hoepner) Tilk. 220 W. Railroad St. This was about 81% of all the recorded Fratzke's in USA. In the alternative, Fratzke argued that the statute was unconstitutional as applied to him, and facially vague and overbroad. I agree with Chief Justice Lambert that this Court held in Burns that the trial court involved in that case did not abuse its discretion in granting a directed verdict based on Burns' failure to answer either the initial interrogatory or the supplemental interrogatory regarding itemization of unliquidated damages. If she did not have the right to supplement her answers, then the word "last" would have no meaning. Fratzke says different attachments can be made, as needed, for bending iron or pressing shafts. While conceding that "a person has a right to complain," he charged that the letter was no more than a vicious personal attack. Mark E. Schantz and Barbara G. Barrett of Dickinson, Throckmorton, Parker, Mannheimer Raife, Des Moines, for appellant. We have often held that because a defendant's intent is seldom capable of direct and positive proof, it may be inferred from the defendant's acts and surrounding circumstances. Rhonda FRATZKE, Appellant, Burial was in the church cemetery. Died: January 3, 2023. That's what I think about when I'm putting together the list.". See reviews, pricing, contact info, answers to FAQs and more. on We believe the best human-centered . Passenger lists are your ticket to knowing when your ancestors arrived in the USA, and how they made the journey - from the ship name to ports of arrival and departure. Fratzke & Jensen Funeral Home was designed to be unlike any funeral home you've ever seen; it's truly a one-of-a-kind place. Pronunciation of Fratzke with 1 audio pronunciation, 1 meaning and more for Fratzke. Find Fratzke's phone number, address, insurance information and more. We affirm. Click. "I wanted to make sure that came across in the food experience as well.". The trial in this case began on December 27, 1995. II. A. Thomas J. Miller, Atty. Id. Or, hang a right and walk into a market filled with both local and imported artisan products, such as colorful packages of 2-foot-long spaghetti, and dainty cakes by John Kraus of Patisserie 46. Fratzke did provide documentation showing the extent of her claim for past medical expenses, and she bound herself to a maximum verdict of $50.000, and thereby gave Murphy notice of the total amount sought in unliquidated damages, when she stipulated the amount in controversy to prevent removal to federal court. The effect of the majority opinion will be to bury a landmine in civil litigation whereby *274 a party may propound the interrogatories and thereafter sit silently by hoping the opposing party will, through inadvertence or neglect, fail to timely answer. Box 487 Jen Olson identifying element as protection against criminalizing unpopular speech. We'll help you find the right words to comfort your family member or loved one during this difficult time. Since 2007, we have differentiated ourselves from other firms by having the resources and reach of a larger company while maintaining a personable, service-oriented boutique firm. . Julie Fratzke jewell49_@yahoo.com Sun Apr 29 21:46:14 PDT 2012 My name is Julie Fratzke. Although she had black hair, her peers called her Mary Monroe. See, Cole v. The most Fratzke families were found in USA in 1920. Fratzke appealed the magistrate's ruling to the district court, renewing his challenge to the insufficiency of the evidence as well as the constitutional claims. However, as noted, Fratzke was free to seasonably supplement her answers. Ein eBook Buch der Lexikon Bcher. New York Times Co. v. Sullivan, 376 U.S. 254, 269, 84 S.Ct. with specific meaning for each icon . B. Born July 3, 1934, in Wausau, Wis., to Vilas and Frankie [sic, recte Franke] Riege, she passed away peacefully in her sleep in the early. It is widely acknowledged that our purpose in prohibiting recitation of sums alleged as damages in the prayer for relief is to prevent public notoriety of shocking, outrageous claims which may bear little relationship to the actual damages sustained. Join Facebook to connect with Kathy Barnes and others you may know. A serve-yourself wine bar opening today in Minnetonka will be a one-of-a-kind addition to the western suburbs and beyond. "The thing about farming is it forces you to look for solutions to problems," Fratzke says. In the complaint, she alleged inter alia: On August, 7, 1995, the trial court entered an order directing that trial briefs be filed at least twenty days prior to trial. He accompanied his payment with a nine-paragraph letter addressed to the clerk and the state trooper who had arrested him, Tom Keenan. *270 Charles A. Saladino, David Vance Oakes, Saladino Law Firm, Paducah, for Appellant. For example, some locksmiths charge extra for emergency service. We invite you to come in and see for yourself how we're revolutionizing the way you think about funeral service. Visitation will be held Wednesday, April 19, from 5-7 p.m. at Fratzke & Jensen Funeral Home [], By *275 Finally, I see nothing in the record which leads me to believe that Murphy was prejudiced by Fratzke's failure to itemize her claims for unliquidated damages. In fact, subsection (c) of CR 26.05 supports the argument made in Chief Justice Lambert's dissent that Murphy should have filed a motion to compel Fratzke to fully answer the interrogatory before utilizing CR 8.01(2) offensively: (c) A duty to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses. Jen Olson APPEAL FROM DISTRICT COURT, FAYETTE COUNTY, JOSEPH MOOTHART, ASSOCIATE JUDGE. Giving to charity is a meaningful way to honor someone who has died. Rather, we merely hold that CR 8.01(2) means what it says. Defendant William Fratzke stands convicted of the crime of harassment, Iowa Code 708.7(1) (1987), because he wrote a nasty letter to a state highway patrolman to protest a speeding ticket. Lt. Noble, after determining that Trooper Keenan was annoyed by the letter, swore a complaint charging Fratzke with the crime of harassment. How to say Fratzke in English? [1] I would note that the majority cites to this rule despite the fact that nothing in the record demonstrates that Fratzke was "under a duty seasonably to supplement [her] response" as contemplated by the rule. Fratzke is a strategic consulting firm that arms business leaders with tools to achieve their top priorities and build best-in-class human-centered experiences. Oops! Jen Olson Funeral services will be held on Wednesday, May 3, at 2 p.m. at Boothby Funeral Home in Cherokee. Fratzke also argues that any error in admitting evidence of her claim of damages for pain and suffering, future medicals, lost wages, and impairment of earning power and instructing the jury on the same was harmless under CR 61.01. The trial court denied Murphy's motion to "Alter, Amend, or Vacate Judgment; Alternative Motion for New Trial" on March 1, 1996. 482 U.S. at 462, 107 S.Ct. at 1036; Gooding, 405 U.S. at 523, 92 S.Ct. Some basic help and starters when you have to write a tribute to someone you love. Expect results! Pastor Jeff Harris will officiate. The contents of the letter are at the center of this controversy. The magistrate found that the letter annoyed Trooper Keenan and was written without legitimate purpose because Fratzke's manner of complaint "would more quickly result in a fist fight" than bring about social change. Dont be one of them. at 466-67, 494 P.2d at 71. It is against this backdrop that we consider the statute before us, mindful of our obligation to give it a construction that is constitutional, if that is possible.
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