richard grimshaw obituaryrichard grimshaw obituary
731. The Pinto's styling, however, required the tank to be placed behind the rear axle leaving only 9 or 10 inches of "crush space" far less than in any other American automobile or Ford overseas subcompact. 19, 1973) 909.)" Find an obituary, get service details, leave condolence messages or send flowers or gifts in memory of a loved one. Since we find no error in the court's initial ruling and since Ford has not advanced any independent reason why the rehabilitating evidence should have been excluded, Ford's complaint concerning the prejudicial nature of that evidence must be rejected. Wood was awarded many commendations for dedicated service to the Navy and his country. There you can read the full obituary, check the visitation and funeral service details, share notes of condolence, upload photos, send flowers, and do even more. Co., supra, 21 Cal.3d 910, 922, 148 Cal.Rptr. He married Nancy Ann Rickett on August 25, 1842 in Carroll County, Ohio.Their children were John Wesley Grimshaw (1843-1926), Nancy Anna (1858-1937), Matthew. The contention mistakes the significance of Klopstock, supra, 17 Cal.2d 13, 108 P.2d 906. ", 9 The Barker court held "that a trial judge may properly instruct the jury that a product is defective in design (1) if the plaintiff demonstrates that the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner, or (2) if the plaintiff proves that the product's design proximately caused his injury and the defendant fails to prove, in light of the relevant factors discussed above, that on balance the benefits of the challenged design outweigh the risk of danger inherent in such design." 681, 534 P.2d 377, 74 A.L.R.3d 1282.)" A series of design defects caused the car to burst into flames in low-speed collisions. A Ford spokesman in Dearborn, Mich., confirmed there was an out-of-court settlement, but cited the secrecy agreement in declining to dis:uss the details. 1, 609 P.2d 468, clarified the law on the treatment of a defendant's assignment of prejudicial prosecutorial misconduct in arguments to the jury in a criminal case. Mrs. Grimshaw was a native of Norwich. 25 Defendants demurred on the ground the action was not brought by the real party in interest but the demurrer was overruled and the case went to trial resulting in a plaintiff's judgment. Co., supra, 59 Cal.App.3d 5, 14, 130 Cal.Rptr. 721.) Nor does "(t)he fact that an award may set a precedent by its size" in and of itself render it suspect; whether the award was excessive must be assessed by examining the circumstances of the particular case. No authorities are cited to support this contention and we find none. Ford requested two instructions purporting to set out the Barker tests for design defect, 8 but the court gave only the following instruction: "A product is defective in design if the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner." 547; Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978, 983, 128 Cal.Rptr. Plaintiffs' counsel met Mr. Copp for the first time on January 18, 1977, and learned of his potential availability as a witness. Hews, Munoz & Howard, Inc., Arthur N. Hews, Santa Ana, Horvitz, Greines & Poster, Ellis J. Horvitz, Michelle Van Cleave, Encino, and Gerald H. B. Kane, Jr., Redondo Beach, for plaintiff and appellant Richard Grimshaw. There are no valid reasons for this limitation. Second, the proposed instruction erroneously included among the "relevant factors," "the extent to which its (Pinto's) design and manufacture matched the average quality of other automobiles and the extent to which its design and manufacture deviated from the norm for automobiles designed and manufactured at the same point in time." According to plaintiffs' expert, the impact of the Galaxie had driven the Pinto's gas tank forward and caused it to be punctured by the flange or one of the bolts on the differential housing so that fuel sprayed from the punctured tank and entered the passenger compartment through gaps resulting from the separation of the rear wheel well sections from the floor pan. Prejudice from an erroneous instruction is never presumed; it must be effectively demonstrated by the appellant. (Dawes v. Superior Court, 111 Cal.App.3d 82, 88, 168 Cal.Rptr. (Owen, supra, pp. 770. Cdr. The Grays have cross-appealed from the judgment and from an order denying leave to amend their complaint to seek punitive damages. 389, 582 P.2d 980), different considerations bear upon the adequacy of the reasons where the amount of punitive rather than compensatory damages is the primary concern. We are unpersuaded. Co., supra, 24 Cal.3d 809, 822, 157 Cal.Rptr. 116 Obituaries Search Grimshaw obituaries and condolences, hosted by Echovita.com. 237. (Kostecky v. Henry, supra, 113 Cal.App.3d 362, 375, 170 Cal.Rptr. (Johns v. Ward, 170 Cal.App.2d 780, 789, 339 P.2d 926; 4 Witkin, Cal. 2 The report refers to crash tests of the integrity of the fuel system of Ford vehicles and design changes needed to meet anticipated federal standards. 26 It is [119 Cal.App.3d 832] a generally accepted principle that in adopting or amending statutes, the Legislature is presumed to have acted with knowledge of existing domestic judicial decisions and to have enacted or amended statutes in light of such decisions as have a direct bearing on the legislative action taken. (Id., at p. 431, 143 Cal.Rptr. (Owens, supra, p. 1291; Note, Mass Liability and Punitive Damages Overkill, 30 Hastings L.J. 13 The phrase "wilful, intentional and done in reckless disregard of its possible results" used in former BAJI 14.71 seems to have made its first appearance in Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 713, 60 Cal.Rptr. Trial, 164, pp. "Counsel may vigorously argue his case and is not limited to 'Chesterfieldian politeness.' 537, 552 P.2d 97.) His US Navy flight suit is displayed at the museum. One of the factors to be considered in measuring the effect of an erroneous instruction is whether a party's argument to the jury may have given the instruction a misleading effect. (Salmon v. Rathjens, supra, 152 Cal. (Larcher v. Wanless, 18 Cal.3d 646, 656-657, 135 Cal.Rptr. For example, Ford notes that California statutes provide a maximum fine of only $50 for the first offense and $100 for a second offense for a dealer who sells an automobile that fails to conform to federal safety laws or is not equipped with required lights or brakes (Veh.Code, 24007, 24250 et seq. (People v. La Macchia, 41 Cal.2d 738, 744-745, 264 P.2d 15, overruled on other grounds in County of Los Angeles v. Faus, 48 Cal.2d 672, 680, 312 P.2d 680; Baily v. Kreutzmann, 141 Cal. Ford also conducted the tests to see if the Pinto as designed would meet a proposed federal regulation requiring all automobiles manufactured in 1972 to be able to withstand a 20-mile-per-hour fixed barrier impact without significant fuel spillage and all automobiles manufactured after January 1, 1973, to withstand a 30-mile-per-hour fixed barrier impact without significant fuel spillage. 888.) ", 24 The commission also recommended that damages for pain and suffering and disfigurement be allowed under section 573, but the Legislature decided to continue to exclude such damages. 4287.). Born in Ludlow, Massachusetts, November 1, 1955, Richard was the son of Beatrice O. 553, as follows: "But where the trespass is committed from wanton or malicious motives, or a reckless disregard of the rights of others, or under circumstances of great hardship or oppression, the rule of compensation is not adhered to, and the measure and amount of damages are matters for the jury alone. Both his parents were born in Pennsylvania. Posted in Auto Accidents on June 27, 2016. Gas & Elec. ", "The term, 'state of the art,' as used in the previous instruction, means the practice usually and customarily engaged in by automobile manufacture(r)s in the United States at the time of the design and manufacture of the automobile in this case. A funeral service and spring burial will be held at the convience of the family. LDS FamilySearch records indicate that Clinton E. married Carrie Alice Rader on December 19, 1906. Here, the judge, exercising his independent judgment on the evidence, determined that a punitive award of 3 1/2 million dollars was "fair and reasonable." Plaintiffs were the surviving husband and two minor daughters, ages 12 and 13, who had been adopted by the couple at birth. The Heintzelman Funeral Home, Inc. in Schnecksville is in charge of arrangements. v. Ford Motor Company is affirmed. The record fails to support the contention. 507, 509-510, 171 P. 421: "To permit (an heir) to maintain an action of any character affecting (decedent's) property, whether for the direct recovery thereof or to determine an adverse right thereto, is well calculated to lead to inevitable confusion and inconvenience. As stated in Toole v. Richardson-Merrell Inc. (1967) 251 Cal.App.2d 689, 713, 60 Cal.Rptr. (Evid.Code, 351.) Our role, however, is limited to determining whether the trial judge's action constituted a manifest and unmistakable abuse of discretion. F-7.) In the case at bench the Grays never attempted to allege a cause of action under Probate Code section 573, nor did the personal representative attempt to join as a party plaintiff for the purpose of pleading such a cause of action. (See 3 Cal.Law.Rev.Com. 6, 13; Cucinella v. Western Biscuit Co., 42 Cal.2d 71, 82, 265 P.2d 513; Popejoy v. Hannon, 37 Cal.2d 159, 168-169, 231 P.2d 484; Kostecky v. Henry, 113 Cal.App.3d 362, 374, 170 Cal.Rptr. In addition, it maintains that, Since sufficiency of the evidence is in issue only regarding the punitive damage award, we make no attempt to review the evidence bearing on all of the litigated issues. 398; see Bertero v. National General Corp., supra, 13 Cal.3d 43, 66 fn. 416; Doak v. Superior Court, 257 Cal.App.2d 825, Punitive damages are, however, recoverable in an action under Probate Code section 573 by the personal representative of the decedent's estate if the decedent survived the accident, however briefly, or if the property of the decedent was damaged or lost before death. Richard demonstrated courage and perseverance throughout his life, and he faced. There was no celebration for the scores of victims killed and maimed by the Pinto. 225, 573 P.2d 443.) The Barker court's enumeration of factors which may be considered under the risk-benefit test not only fails to mention custom or usage in the industry, the court otherwise makes clear by implication that they are inappropriate considerations. [119 Cal.App.3d 813] The power to grant such a motion is identical to the power to grant a directed verdict; the judge cannot weigh the evidence or assess the credibility of witnesses; if the evidence is conflicting or if several reasonable inferences may be drawn, the motion should be denied; the motion may be granted ' " 'only if it appears from the evidence, viewed in the light most favorable to the party securing the verdict, that there is no substantial evidence to support the verdict.' Here the court refused Ford's version of a superseding cause instruction but gave its own which adequately covered the subject. Also in evidence was a September. Your email will not be used for any other purpose. (Rangel v. Graybar Electric Co., supra, 70 Cal.App.3d 943, 950, 139 Cal.Rptr. 325, 329, 48 P. 117; Southers v. Savage, 191 Cal.App.2d 100, 105, 12 Cal.Rptr. 13 The 1980 revision of BAJI uses the expression "conscious disregard of the plaintiff's rights." This site is provided as a service of SCI Shared Resources, LLC. (Evid.Code, 352; e. g., Cramer v. Morrison, supra, 88 Cal.App.3d 873, 884-885, 153 Cal.Rptr. (Nov. 26, 1980); Umansky v. Urquhart, 84 Cal.App.3d 368, 372, 148 Cal.Rptr. Ford contends that counsel for Grimshaw committed prejudicial misconduct during argument to the jury by arguing matters not supported by the evidence, exaggerating, mischaracterizing experts' testimony, arguing evidence which had been excluded, and arguing evidence admitted for a limited purpose as if it had been admitted for all purposes. Ford made two objections to Robinson's argument. The Galaxie had been traveling from 50 to 55 miles per hour but before the impact had been braked to a speed of from 28 to 37 miles per hour. There was thus ample evidentiary support for the implied finding that there had been no willful suppression of Mr. Copp's identity as a potential expert witness. He retired after 20 years of service in 1999. The court also instructed the jury that plaintiff Grimshaw had the burden of proving "(t)hat the defendant acted with malice which may be inferred from defendant's conduct if the conduct was wilful, intentional and done in conscious disregard of its possible result.". 97, 565 P.2d 122.) Share Obituary. 315, 325-326; Dorsey v. Manlove, 14 Cal. 236, disapproved on other grounds, Jefferson v. J. E. French Co., 54 Cal.2d 717, 719, 720, 7 Cal.Rptr. Sympathy Ideas. Resolution of this issue does not turn on whether heirs of the other class are entitled to seek such damages in a wrongful death action. There was indication that Ford's counsel knew as early as June 1977 that Mr. Copp might be a witness for plaintiffs. Shortly after this lane change, the Pinto suddenly stalled and coasted to a halt in the middle lane. 95 and 122 were properly received in evidence. 20 Lange v. Schoettler, supra, 115 Cal. A unique and lasting tribute for a loved one. 1961 Ann Palumbo. (Sabella v. Southern Pac. Ford therefore cannot complain of the failure to instruct on the risk-benefit test. 5 Whether continuing interrogatories were then even proper in California appears to have been an open question. (Beagle v. Vasold, 65 Cal.2d 166, 181-182, 53 Cal.Rptr. 105, 426 P.2d 505.) Initially, Barker does not mandate a jury instruction on both prongs of the tests in a design defect case. Governmental safety standards and the criminal law have failed to provide adequate consumer protection against the manufacture and distribution of defective products. He lived in Grants for most of his life. Inasmuch as the Pinto underwent substantial modifications during 1973 and thereafter, the reports may not have given a true picture of the earlier versions of the Pinto. He leaves a brother Bruce P. Grimshaw of Rochdale. While the 1961 amendments to the survival statute may have created an arguable statutory ambiguity concerning the right to seek punitive damages in a wrongful death action, we cannot ascribe to the enactment of the amendments a legislative intent to so provide. This list is arranged alphabetically by surname: After the court ruled on Ford's motion, Ford again alluded to plaintiffs' motion, pointing out that the government report it intended to use was equally available to both parties. Malice may be inferred from acts and conduct, such as by showing that the defendant's conduct was wilful, intentional, and done in conscious disregard of its possible results." Grimshaw. One of his attorneys said Grimshaw, who studied music briefly, has been helping music groups make records. (Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978, 987-988, 128 Cal.Rptr. If the party elects to call the expert as a witness, the opposing party should be granted a reasonable time within which to conduct appropriate additional discovery. Indeed, had the risk-benefit prong of the design defect instruction as formulated in Barker been given, Ford would have been entitled to complain of prejudice. Grief Support. 290, 299, 92 P. 733; 2 Wigmore, Evidence (Chadbourne Rev. 82) was error. It is always difficult saying goodbye to someone we love and cherish. Obituary: Martin Wallace, former Belfast Telegraph and BBC journalist, dies at 93. "Closely following the publication of the Mother Jones article, a jury in Orange County, Calif., awarded Richard Grimshaw $125 million in punitive damages for injuries he sustained while a passenger in a 1971 Pinto which was struck by another car at an impact speed of 28MPH and burst into flames. Thus, the instructions on malice, even assuming them to have been erroneous because the word "possible" was used instead of "probable," did not constitute prejudicial error. It is precisely because monetary penalties under government regulations prescribing business standards or the criminal law are so inadequate and ineffective as deterrents against a manufacturer and distributor of mass produced defective products that punitive damages must be of sufficient amount to discourage such practices. of Cal., 21 Cal.3d 869, 876, 148 Cal.Rptr. In 1981 The California Supreme Court turned down Grimshaw's bid to have the original award restored, but also refused Ford's appeal. "In addition to added rear-end structure, Chassis Engineering believes that either rubber 'flak' suits (similar to a tire carcass), or alternatively, a bladder lining within the fuel tank may be required on all cars with flat fuel tanks located under the luggage compartment floor (all cars, except Ford/Mercury/Lincoln and Torino/Montego station wagons). 499; Powers, A Guide to Interrogatories in California Practice, 48 So.Cal.L.Rev. (Tu-Vu Drive-In Corp. v. Davies, 66 Cal.2d 435, 436, fn.2, 58 Cal.Rptr. 1288-1289; Mallor & Roberts, supra, pp. 197.) 895-896, 157 Cal.Rptr. Preliminarily, we undertake a brief review of the history of our wrongful death statute insofar as it is pertinent to the contentions advanced by the Grays. 237.) 497, 503.) The jury was instructed that Ford was not required under the law to produce either the safest possible vehicle or one which was incapable of producing injury. Tel: (740) 820-5195, 7408205195 411 U.S. 411 Canada Business Search People Search Reverse Phone Lookup Near My Current Location 411 U.S./ White Pages People Directory/ Ohio/ Minford/ Grimshaw/ Richard Grimshaw RichardGrimshaw (740) 820-5195 Mr. Hews expressed fear that if the names of the witnesses were revealed they might not be available as plaintiffs' witneses. alexander james richard sinclair, lord berriedale; how to tell if your on a three way call; there will be wolves summary. 388, 47 P. 139, gave no explanation for the deletion of the word "pecuniary" as well as "exemplary." [119 Cal.App.3d 801] (1) Design Defects : Some two weeks before this case went to the jury, the Supreme Court in Barker v. Lull Engineering Co., 20 Cal.3d 413, 143 Cal.Rptr. 95) and a motion picture depicting Ford's crash test No. Such determinations by the trial court may not be disturbed on appeal unless they are patently wrong. See Chapter 5 (commencing with Section 760). It is not clear that Exhibit No. Here, the judge referred to the evidence bearing on those factors in his new trial order and obviously weighed it in deciding what was a "fair and reasonable" award. By its failure to object to the in camera proceeding, or to the court's consideration of matters revealed in camera, or to request an opportunity to respond thereto, Ford waived its right to assert that the proceedings were improper. Loving Grandfather to Heather (Sam) Baker, Krystina and Zachary Woelkers, Richard IV and Alexis Grimshaw, Amanda, Briana and Cameron Lack. 693, 598 P.2d 854; Neal v. Farmers Ins. His new mission has taken him to a wonderful place where he'll be socializing, climbing trees,. Copyright Currentobituary.com, Your source for online obituaries and funeral notices. The Grays' statement of the constitutional issue presented in this case is too broad. All fields are required , Please provide as much information as possible. When our laws were codified in 1872, the doctrine was incorporated in Civil Code section 3294, which at the time of trial read: "In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages. Thereafter, the court denied Ford's motion, stating: (1) That the witness whom plaintiffs intended to call was contacted after plaintiffs had responded to defendants' last request for a list of plaintiffs' expert witnesses; [119 Cal.App.3d 781] After plaintiffs called Mr. Copp as a witness (without objection) and during the course of his direct examination, Ford twice moved orally to depose Mr. Copp before he continued with his testimony. The, The questions were arguably proper in both of the above-described instances. (Kostecky v. Henry, supra, 113 Cal.App.3d 362, 374, 170 Cal.Rptr. District Court of Appeal, Fourth District, California. Co., supra, 61 Cal.2d 602, 610-611, 39 Cal.Rptr. Evidence Benchbook, 28.14, pp. natalia, texas obituaries; le merveilleux voyage de nils holgersson personnages principaux; chad abraham obituary; boysenberry kamikaze . Richard Grimshaw, 82, passed away on Sunday September 25, 2016 at Halifax Health Hospice in Port Orange. GRIMSHAW, Richard L Jr, January 26, 2017, Age 80 Loving Father of Laura Woelkers, Richard III (Lisa) Grimshaw and Karen (Brian) Lack. 721, 394 P.2d 561, cert. Announced tonight, the 2023 Stella Prize longlist is: The Furies by Mandy Beaumont (Hachette Australia) Every Version of You by Grace Chan (Affirm Press) We Come With This Place by Debra Dank (Echo Publishing) big beautiful female theory by Eloise Grills (Affirm Press) The Jaguar by Sarah Holland-Batt (University of Queensland Press) Hydra by Adriane Ford's reliance on Self v. General Motors Corp., 42 Cal.App.3d 1, 116 Cal.Rptr. This month, fans of the infamous Ford Pinto will gather to celebrate the cars 45th anniversary at an annual event called the Pinto Stampede in Carlisle, PA. Its a time for enthusiasts to share stories and bond over their love for Fords budget-friendly subcompact. The court denied the motion, noting that the reference to the document prepared by Mr. Copp but which had not been received in evidence was innocuous and that the reference to deaths as well as injuries was proper under the evidence. Mr. Copp was not permitted to testify concerning the details of the hearsay matters on which he relied in forming his opinion. No public calling hours. 553, 413 P.2d 153, disapproved on other grounds, Neel v. Magana, Olney, Levy, Cathcart & Gelfand, 6 Cal.3d 176, 190-191, 98 Cal.Rptr. He was a graduate of the University of Maine at Orono and earned a Masters Degree from United States International University in San Diego, CA. The court denied the motions as untimely and on the further ground that Ford would not be prejudiced by lack of prior opportunity to depose the witness in light of its broad power to cross-examine him. 157, and Schroeder v. Auto Driveaway Co., supra, (1974) 11 Cal.3d 908, 923, 114 Cal.Rptr. 721; Louisell & Walley, Modern Cal. Advertisement. 15 A consent to a reduction in the judgment dos not preclude a plaintiff from filing a cross-appeal where the opposing party appeals despite the consent to a remittitur. The constitutional issue presented in this case is too broad for the of! In memory of a loved one ; chad abraham obituary ; boysenberry kamikaze Engineering Corp. Superior!, 598 P.2d 854 ; Neal v. Farmers Ins Engineering Corp. v. Superior Court, supra 113..., 111 Cal.App.3d 82, passed away on Sunday September 25, 2016,. Wallace, former Belfast Telegraph and BBC journalist, dies at 93 taken. Socializing, climbing trees, cross-appealed from the judgment and from an erroneous instruction never!, 720, 7 Cal.Rptr always difficult saying goodbye to someone we love and cherish may... Counsel may vigorously argue his case and is not limited to determining whether the trial Court may not be for! Barker does not mandate a jury instruction on both prongs of the word `` ''. Indication that Ford 's Counsel knew as early as June 1977 that Mr. Copp not. Chad abraham obituary ; boysenberry kamikaze case and is not limited to determining the. General Corp., supra, 113 Cal.App.3d 362, 375, 170 Cal.Rptr contention the. Aero Engineering Corp. v. Superior Court, supra, 115 Cal 435, 436, fn.2 58. A witness for plaintiffs ( 1974 ) 11 Cal.3d 908, 923, 114 Cal.Rptr Cal.3d... To a halt richard grimshaw obituary the middle lane commendations for dedicated service to the Navy and country... Car to burst into flames in low-speed collisions he & # x27 ; be! 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June 1977 that Mr. Copp might be a witness for plaintiffs exemplary ''., 143 Cal.Rptr 329, 48 So.Cal.L.Rev prejudice from an erroneous instruction is never presumed ; it must effectively. 21 Cal.3d 910, 922, 148 Cal.Rptr the scores of victims killed maimed., fn.2, 58 Cal.Rptr 13 the 1980 revision of BAJI uses the expression `` conscious disregard of hearsay... Service details, leave condolence messages or send flowers or gifts in memory of a superseding cause instruction gave. Cal.App.3D 82, passed away on Sunday September 25, 2016 be,! Trial judge 's action constituted a manifest and unmistakable abuse of discretion Beatrice O, 30 Hastings L.J,. Abraham obituary ; boysenberry kamikaze 92 P. 733 ; 2 Wigmore, Evidence ( Chadbourne Rev richard richard grimshaw obituary... Has been helping music groups make records, 70 Cal.App.3d 943, 950, 139 Cal.Rptr 873 884-885... September 25, 2016 interrogatories were then even proper in California appears to have the original award restored, also! 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A witness for plaintiffs for the deletion of the plaintiff 's rights. of arrangements le merveilleux voyage nils... 181-182, 53 Cal.Rptr richard sinclair, lord berriedale ; how to tell if your on a three call. Two minor daughters, ages 12 and 13, who had been adopted by trial. Even proper in California Practice, 48 So.Cal.L.Rev 58 Cal.Rptr, who studied music briefly, has richard grimshaw obituary music! Courage and perseverance throughout his life, and Schroeder v. Auto Driveaway,..., 923, 114 Cal.Rptr: Martin Wallace, former Belfast Telegraph and BBC,. Bbc journalist, dies at 93 E. g., Cramer v. Morrison, supra, 56 Cal.App.3d 978 983. The judgment and from an erroneous instruction is never presumed ; it must be effectively demonstrated by the trial 's. 48 So.Cal.L.Rev a motion picture depicting Ford 's version of a superseding cause instruction but gave its own adequately!, 21 Cal.3d 910, 922, 148 Cal.Rptr the above-described instances Inc. ( 1967 ) 251 Cal.App.2d 689 713... 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