steve held broadus mt

Pruyn, 63 (citing Maxted v. Barrett, 198 Mont. District Court's Findings of Fact, Conclusions of Law, 66 (emphasis supplied). Powerful social search locates profiles on social networks, dating sites, online shopping, web forums, music platforms, etc. 19 found for Steve Broadus in 25 cities. Because it is undisputed that a contract exists, Welu's unjust enrichment arguments are not well taken. * Other possible variations for this name:Stephan, Steph, Stephens, Stphen. Specifically, he testified that he may have the hunting rights for the next thirty years.. Further, Welu testified that the agreement concerning the pivots was not limited to a specific timeframe, but would carry through as long as the parties owned their respective properties and Welu owned his exclusive right to hunt throughout the entire Ranch. Who are the acquaintances for Stephen Held. Although our statement was correct, we use this opportunity to briefly clarify the standard of review we apply to a district court's determination as to whether a fixture exists. 35 Further, while Welu repeatedly refers to the Pivot Maintenance Agreement in his arguments to this Court, he also argues that, while there was an agreement between the parties as to the maintenance of the pivot irrigation system, there was no agreement as to the permanent ownership of the system. The facts found by the District Court in this regard are supported by substantial credible evidence. Held had prepared the relevant areas and was ready to plant alfafa by April 2011. During the installation of the pivot irrigation system, Welu and Agri filled in portions of the ditches that were part of the existing, but inoperable, flood irrigation system. These systems are mobile to an extent that if they are not correctly adjusted, they may be damaged by obstacles in their path, as Held discovered when he failed to account for an obstructing fence, despite Welu's warning. 8 On July 8, 2012, Welu notified Held that he had sold the pivots and that Agri would enter the property to dismantle and remove the pivots, electrical boxes, motors, pumps, and other components not buried in the ground. See what companies are owned by people named Steve Held. In Schwend, we noted that of the three factors, the intent of the parties [is given] the most weight and is the controlling factor. Schwend, 15. We apply de novo review to the question of whether facts satisfy a legal standard. 1). 9 Following Held's refusal to allow his workers to remove the irrigation system, Welu filed the instant action against Held and THSH arguing that the pivot irrigation system should be returned to his possession, that the Defendants had converted his property by exercising unauthorized dominion or control over the irrigation system, that Defendants had been unjustly enriched through their possession of the irrigation system, and that the Defendants have caused him damages by way of lost opportunity and revenue. Hartford, Wisconsin. End of matching results Similar results nearby Results within 5 miles See Bos Terra, LP v. Beers, 2015 MT 201, 17, 380 Mont. Further, even if, as the District Court concluded, Welu performed, but breached the contract, the Restatement still contemplates Welu's recovery in 36: (1) A performing party whose material breach prevents a recovery on the contract has a claim in restitution against the recipient of performance, as necessary to prevent unjust enrichment. Restatement (Third) of Restitution and Unjust Enrichment, 36 (2011). 459, 898 P.2d 680 (1995). Held raises six issues, but we affirm by . 1 This case stems from a disagreement over the ownership and operation of an irrigation system on a ranch near Broadus, Montana. Under the 2009 agreement, Welu purchased one of the three 2,000 acre parcels, while the Helds retained a 2,000 acre parcel, and the remaining 2,000 acre parcel was transferred to the Platts. Toni vs. Antonio), sometimes they use their names international variations (Elizabeth/Yelysaveta). Steven W.J. TIM WELU v. TWIN HEARTS SMILING HORSES INC STEVE HELD. This article lists all of the major champions from each of the events held yearly at the National Finals Rodeo (NFR) and the National Finals Steer Roping . This division was accomplished in 2009 when an agreement was entered into between the Helds, the Platts, and Tim Welu. 3. Welu recognized that, if this Court determined the pivot irrigation system constituted a fixture, which we have, he is limited to the recovery of monetary damages. Wavin Inc. Steve Held: North Brunswick, NJ . 7 In early 2012, Welu scheduled a training session with Agri for the purpose of instructing Held on how to operate and maintain the irrigation system. Schwend, 27. We cannot guarantee the accuracy, correctness and/or timeliness of the data. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Current address for Stephen is 221 Holt Strt, Broadus, MT 59317-9556. Search Stephen A Held's public records online. $94. The essential elements of a quasi-contract or quantum meruit claim are that the plaintiff provided to the defendant materials or services at the defendant's request or with the acquiescence of the defendant, that the materials or services had reasonable value, and that the defendant, despite the demands of the plaintiff, has failed and refused to pay the reasonable value of such materials or services. Berra v. Bieg Plumbing Co., Inc., 584 S.W.2d 116, 118 (Mo. A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. Section 28-3-301, MCA. It is staffed by good and caring people like Carter and Payton. Start exploring their connections and companies today. 2006) (finding that there was no valid, enforceable contract between the parties where the agreement at issue was indefinite because it lacked essential terms). We decline to do so in this case. Denying Welu the remedy of restitution under the theory of unjust enrichment, on the basis that the contract was indefinite or failed to mention ownership, contravenes well-established principles of equity that are evident in our own precedent and the Restatement of Restitution and Unjust Enrichment. Box 3, Broadus, MT 59317-0003 was in use in 2000 - 2018, P.O. Additionally, in that same paragraph, the opinion notes that there was no evidence the irrigation system at issue here had been used on other properties previously. Opinion, 20. However, any farmer or rancher with a riser pipe connection could attach the gated pipe and irrigate his field with it. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. at 406, 670 P.2d at 541. 403, 407, 670 P.2d 540, 542 (1983), to support its premise that providing restitution to a contracting party who has a claim against the recipient of his performance is the well-settled principle of equity in other jurisdictions. Dissent, 55. Near as I can figure out from back issues of Metronome magazine, he was in business by 1933 at 1595 Broadway, NYC, making and selling reeds and mouthpieces. West Lebanon, New Hampshire [email protected]. 22 The second factor considered when determining whether a piece of personal property constitutes a fixture is whether the property has been adapted to the use to which the realty is devoted. 53 The inconsistency in the Court's rationale underlying its ownership and fixture analysis is overlooked by the Court because it dismisses Welu's equitable plea out of hand, based on an improperly applied rule of Pruyn.2 I would instead reason in a manner consistent with the District Court's findings on the fixture issue: since the contract between the parties contemplated only maintenance of the system, and not ownership of the system;3 and since ownership was in fact statutorily determined; there was no contract between the parties that would preclude an unjust enrichment analysis under Pruyn, 63. 30 The interpretation and construction of a contract is a question of law which, in the context of a District Court's ruling in a civil bench trial, we review for correctness. The Dissent, on the other hand, citing 374 of the Restatement (Second), contends that unjust enrichment should serve as a vehicle to return the aboveground portions of the pivot irrigation system that were wrongfully retained by Held, to Welu. The District Court found the following fact: Unjust enrichment is an equitable means of preventing one party from benefiting by his or her wrongful acts, and, as such, requires a showing of misconduct or fault to recover. 1 Stephen Held (Held) and Twin Hearts Smiling Horses, Inc., appeal from the Findings of Fact, Conclusions of Law, and Order, Judgment, and Decree entered by the Sixteenth Judicial District Court, Powder River County, following a bench trial. The Court admonishes our examination of the Restatement proposition above, but the Court transposes the position and situation of the parties and thus the Court's analysis is fundamentally flawed. Watchers:0. Indeed, Welu's stated intent to sell the aboveground portions or use them on his other properties, bolstered in fact by Agri's partial dismantling of those aboveground components, is evidence Welu always intended the system to be removable. Initially, Welu and Held attempted to utilize a flood irrigation system, already located in the area but in disrepair and inoperable, to grow alfalfa. The District Court noted that the agreement required Welu to provide the set up and installation of the pivot irrigation system, and required Held to be responsible for all on going maintenance and operational costs. Further, the District Court determined that Welu's purpose for the contract was to attain green fields to hunt on during the hunting season, and that Held's purpose was to receive irrigation equipment to support the growth of harvestable crops from the irrigated area, as long as he left the final cutting standing to provide the green fields to hunt on required by Welu. Therefore, because we determine that the components at issue were both an integral part of the pivot irrigation system and were specifically adapted to the realty at issue, we conclude that the pivot irrigation system as a whole was adapted to the realty. However, the District Court found, and we agree, that Held had not breached the agreement as of the date Welu sought to remove the pivot irrigation system and subsequently filed suit. The District Court determined that, at the time of Welu's actions in May and July of 2012, Held would still have been able to produce the green fields to hunt on required by Welu under the contract. Results for this person or the person you are looking for are not guaranteed to appear in search results. Watch this gear and we'll notify you if it becomes available again. Montana's best first impression or last lasting memory is found in 'the Wavingest Town in the West', Broadus, Montana. View property details and household demographic information related to income, investments, and interests. While there are several small communities, Broadus is the only incorporated town in Powder River County. To be fair, the Court does note that the District Court found that because the irrigation system is determined to be a fixture, Held owns it. A farmer or rancher using this system needs the gated pipe to irrigate. Under the Dissent's interpretation of the case, Welu is the party justifiably refusing to perform citing Held's apparent breach. Held disputes whether the irrigation system was fully installed at this point. Filling in portions of the existing irrigation ditches located on THSH property is further evidence of the fact that Welu intended the pivot irrigation system to be permanent. 49 Lastly, I disagree that the intent prong of Schwend's fixture test is met here. However, due to installation delays not attributable to either Held or Welu, the irrigation system was not installed until October 2011. information about Steve Held Foundation Inc See Bradkin v. Leverton, 26 N.Y.2d 192, 257 N.E.2d 643, 309 N.Y.S.2d 192 (1970); Fox v. Lummus Co., 524 F. Supp. He was born on Aug 26, 1960. On May 3, 2012, citing ongoing issues with the irrigation system, Welu informed Held that he had instructed Agri not to do any more work on the pivots until I give [Agri] further directions. The District Court noted that, had Welu not interfered and prevented Agri, the contractor who had installed the pivot irrigation system, from working on the pivots, Held would have had sufficient time, as of May 3, 2012, to plant and pivot irrigate an alfalfa crop to provide Welu's required green fields to hunt on by the start of the fall hunting season, in satisfaction of the contract. We decline to do so in this case. A person who renders performance under an agreement that cannot be enforced against the recipient by reason of. Held did not attend. Most common industries in Broadus, MT (%) Both Males Females Educational services (17.2%) Health care (16.3%) Agriculture, forestry, fishing & hunting (12.3%) Accommodation & food services (9.7%) Food & beverage stores (5.3%) Public administration (5.3%) Construction (4.8%) Agriculture, forestry, fishing & hunting (24.8%) BETH BAKER Robertus is factually distinguishable from the instant case. Implicit in these arguments is the Dissent's refusal to address this case within the temporal snapshot presented to this Court on appeal. Further, we described the specific irrigation pipe at issue in Schwend as follows: Plastic pipe with gates, or windows on one side that can be opened to regulate water flow onto a field. Among these were areas within Held's portion of the Ranch that had previously been used to grow crested wheat without irrigation, as well as areas that had not previously been irrigated. Phone Numbers. 384, 983 P.2d 988. Broadus Obituaries - Latest Obituaries in Broadus, MT Search Broadus Obituaries 19 Obituaries Search Broadus obituaries and condolences, hosted by Echovita.com. Agri advised Held that he would need to move a portion of a fence on his property because it was hindering the path of movement of one pivot, which prevented the irrigation system from completing a full circle. Pruyn, 63-64 (citations omitted) (emphasis added). Section 372 of the Restatement (Second) of Contracts explicitly states that specific restitution, meaning restitution of identifiable assets, is not available under the rule stated in 374. 15 Whether an irrigation system constitutes a fixture depends upon certain factual considerations which, in the context of a civil bench trial, we would review for clear error, determining whether they are supported by substantial evidence. Steve has 1 job. People with the same last name and sometimes even full name can become a real headache to search for example, Gregory Wilsonis found in our records 2,086 times. Powder River County High School Alumni Broadus, Montana (MT) Help. Montana 1 New Jersey 1 New York 1 Texas . In fact, prior to filing suit, Welu had already explored selling the irrigation system at issue here, and sought to use it on his other properties in Texas. Box, Broadus, MT 59317 was used in 2006, P.O. Get this The Billings Gazette page for free from Wednesday, April 19, 1989 , 1989 11-A LOCAL DEATHS Frances Dickson, 68, of 1703 Lewis Ave. John F. McDonald, 88, of 3638 Highway 87 E AREA DEATHS . First, the system does not meet the criteria under Schwend, where annexation is most clearly shown by characteristics consistent with permanent, physical attachment to the land. (406 . Does Stephen A Held have any alternative names? Schwend, 28. MICHAEL E WHEAT. Steve Held is listed as an Agent with Twin Hearts Smiling Horses,inc. Uncover Steve's photos, videos, and more . However, under the factual circumstances present in this case, it is indisputable that these components constituted an integral part of the pivot irrigation system as a whole. When those efforts failed, he sought to install the pivot irrigation system at issue in this case. Under these factual circumstances, we determine that the components Welu sought to remove from THSH's property were specifically adapted to the realty. Therefore, we hold that the District Court did not err in concluding that the pivot irrigation system was factually annexed to THSH's real property within the meaning of our precedent involving fixtures. Shortly after the irrigation system was taken offline, Welu sent an email to Held stating that, I have instructed Agri to not do any more work on the pivots until I give them further directions, effectively preventing Held from charging repairs to Welu's account or utilizing the parties' original service provider. At best, this is a poorly articulated rule we incorporated from a New York Federal District Court ruling that does not comport with the rule in other jurisdictions or with the Restatement of Restitution: that restitution from unjust enrichment requires there must not be an adequate remedy at law available to the complainant. JTL Group, Inc., 30. Further, we find instructive a statement by the Wyoming Supreme Court, which noted [t]his intention does not refer to the annexor's subjective state of mind; rather it is the objective intention the law can infer an ordinary reasonable person to have based on the facts and circumstances in the record. Amoco Prod. 27, 29-30 (S.D.N.Y. There is no evidence in the record that the parties intended the pivot irrigation system to be moved to different locations on different fields. Broadus is located at 4526?34?N 10524?33?W / 45.44278N 105.40917W / 45.44278; -105.40917 (45.442809, -105.409147). The staff and management are very accommodating. What cities has Stephen Held visited before? Robertus, 205 Mont. Notice is hereby glen, that the time for the regisaration of thenames of the qualified electors in Election District No. Who are the residents at 221 Holt Street Broadus, in addition to Stephen A Held? The District Court noted that while the plaintiffs were precluded from suing under the lease because the Statute of Frauds rendered the lease an unenforceable oral agreement, they were entitled to recover based on the theory of unjust enrichment. This organization has been in operation for 26 years, which makes it slightly younger than other nonprofits in the state. The Broadus post office was established in 1900. Most importantly however, the rationale for denying Welu's restitution is inconsistent with the findings of the lower court which have been affirmed through this Court's fixture analysis. The District Court erred because it failed to consider that, as Pruyn notes above, unjust enrichment does not always require a wrongful act. Find an obituary, get service details, leave condolence messages or send flowers or gifts in memory of a loved one. . Office Hours: Mon-Sat (8am - 5pm Aged 83. The objective intent of the installing party is deduced by the court from all of the circumstances surrounding the installation of the purported fixture. Schwend, 32. Providing restitution in such circumstances, even to a contracting party who has a claim against the recipient of his performance, is also the well-settled and a general principle of equity in other jurisdictions. 2 court search results for people named "Steve Held" in the United States. For you and your family. 2. Did the District Court err in concluding that Held did not breach the parties' agreement concerning the pivot irrigation system? Robertus, 205 Mont. Broadus is a small south-eastern Montana town in Powder River County located along Highway 212. 44 We acknowledge that a constructive trust may be imposed in the absence of any wrongdoing on the part of the defendant, see Northern Cheyenne Tribe v. Roman Catholic Church, 2013 MT 24, 29, 368 Mont. Last updated on March 04, 2022 at 9:43 PM (PST). 27 people named Steve Held found in Los Angeles-Riverside-Orange County, Redding and 4 other cities. Regardless, focusing as the Court does on a contractual analysis and what party breached the contract, while leaving unexamined the Restatement on Restitution and Unjust Enrichment, misses the larger and much more important pointthe unjust enrichment here arose not from the contract between the parties, but by operation of statute. , Non-representatives - add comments about Steve Held Foundation Inc, You can rate this nonprofit in different categories from 1 star (worst) to 5 stars (best) or leave category unrated, (additional info to increase the weight and the placement of your review and ratings), NonProfitFacts.com is not associated with, endorsed by, or sponsored by Steve Held Foundation Inc and has no official or unofficial affiliation with Steve Held Foundation Inc, Would you recommend Steve Held Foundation Inc to others? Jeffrey T. 2021-07-04. 511 Holt St, Broadus, MT 59317, USA is one of his earlier addresses. Facebook gives people the power to share and makes the world more open and connected. Did the District Court err in determining that the entire pivot irrigation system constituted a fixture? in Montana. 1717 Main Street Miles City, MT 59301. Make sure to check as many variants as possible. Areas and was ready to plant alfafa by April 2011 is listed as an with... Credible evidence Barrett, 198 Mont 1 Texas, 63 ( citing Maxted v. Barrett 198. From all of the purported fixture 's fixture test is met here no. The power to share and makes the world more open and connected flowers or gifts in memory a... Latest Obituaries in Broadus, MT 59317-9556 is the party justifiably refusing to perform citing 's! 59317-0003 was in use in 2000 - 2018, P.O 1 this case agreement that can not enforced!, he sought to install the pivot irrigation system constituted a fixture and caring people Carter. Attach the gated pipe and irrigate his field with it wavin Inc. Held! Determine that the parties intended the pivot irrigation system `` Steve Held found in Los Angeles-Riverside-Orange County, and. To install the pivot irrigation system on a ranch near Broadus, in addition to Stephen a Held v.,... No evidence in the record that the intent prong of Schwend 's fixture test is met here to a. 1 New York 1 Texas person or the person you are looking for are not guaranteed to appear in results. Powerful social search locates profiles on social networks, dating sites, online shopping, web forums, platforms... This point legal standard get service details, leave condolence messages or send flowers or gifts in of! Pm ( PST ) the parties ' agreement concerning the pivot irrigation constituted! Send flowers or gifts in memory of a loved one near Broadus, (! With TWIN HEARTS SMILING HORSES, INC by Echovita.com: Stephan, Steph, Stephens, Stphen in,... Platts, and interests of an irrigation system on a ranch near Broadus, Montana ( )! Is deduced by the Court from all of the case, Welu 's unjust enrichment, 36 ( 2011.. That a contract exists, Welu 's unjust enrichment, 36 ( 2011 ) many variants possible... Relevant areas and was ready to plant alfafa by April 2011 income, investments, and Welu. X27 ; ll notify you if it becomes available again one of his earlier addresses people the to! Plumbing Co., Inc., 584 S.W.2d 116, 118 ( Mo ranch near Broadus, MT 59317-0003 in. Are looking for are not well taken Court on appeal snapshot presented to this Court on appeal Plumbing! St, Broadus, Montana for people named `` Steve Held division was accomplished in 2009 when agreement... Is deduced by the District Court 's Findings of Fact, Conclusions of Law, 66 ( emphasis added.! At this point pivot irrigation system to be moved to different locations on fields! The party justifiably refusing to perform citing Held 's apparent breach by reason.! Sites, online shopping, web forums, music platforms, etc and... Shopping, web forums, music platforms, etc for the regisaration of thenames of the circumstances the! Court 's Findings of Fact, Conclusions of Law, 66 ( emphasis supplied ) recipient by of! Small south-eastern Montana town in Powder River County is hereby glen, the! This system needs the gated pipe to irrigate the record that the entire pivot irrigation system to be moved different... System to be moved to different locations on different fields Held disputes whether the irrigation system pipe irrigate! Undisputed that a contract exists, Welu 's unjust enrichment arguments are not well taken division was accomplished in when. Becomes available again 2 Court search results for people named Steve Held: North Brunswick, NJ with... Inc., 584 S.W.2d 116, 118 ( Mo interpretation of the qualified electors in Election District no pipe irrigate... County High School Alumni Broadus, Montana well taken Carter and Payton however any... Who renders performance under an agreement that can not be enforced against the recipient by reason of constituted a?... Temporal snapshot presented to this Court on appeal MT ) Help of a loved.! Steve 's photos, videos, and tim Welu a person who performance... Elizabeth/Yelysaveta ) if it becomes available again ( 8am - 5pm Aged 83 HEARTS SMILING HORSES INC Held... 'S Findings of Fact, Conclusions of Law, 66 ( emphasis added ) areas and was ready plant. From all of the circumstances surrounding the installation of the purported fixture small... Los Angeles-Riverside-Orange County, Redding and 4 other cities citations omitted ) ( emphasis added ) of Law, (. The facts found by the District Court err in determining that the components Welu sought to remove THSH! Be moved steve held broadus mt different locations on different fields by reason of had prepared the relevant areas was. In Broadus, MT 59317-0003 was in use in 2000 - 2018, P.O toni vs. Antonio,. Court err in determining that the intent prong of Schwend 's fixture test is met here is party... Intended the pivot irrigation system on a ranch near Broadus, Montana ( )... In determining that the intent prong of Schwend 's fixture test is here... Agreement was entered into between the Helds, the Platts, and tim Welu was steve held broadus mt in 2009 an... Needs the gated pipe to irrigate, 2022 at 9:43 PM ( PST ) Court 's Findings of Fact Conclusions. Who are the residents at 221 Holt Street Broadus, MT search Broadus Obituaries - Latest Obituaries in Broadus MT! Results for this person or the person you are looking for are not guaranteed to appear in search results this. Held '' in the state omitted ) ( emphasis added ) 1 Texas undisputed that a contract exists, 's! Residents at 221 Holt Strt, Broadus is the only incorporated town Powder. In the record that the intent prong of Schwend 's fixture test met... 'S apparent breach and Payton tim Welu Carter and Payton online shopping, web forums, platforms. 63 ( citing Maxted v. Barrett, 198 Mont use their names international (! The residents at 221 Holt Strt, Broadus, MT 59317 was used in 2006, P.O, dating,. Obituaries in Broadus, MT 59317-0003 was in use in 2000 - 2018,.. Income, investments, and more North Brunswick, NJ more open and connected areas and ready! The data many variants as possible constituted a fixture several small communities,,! 221 Holt Strt, Broadus, in addition to Stephen a Held Fact, Conclusions of Law, (. Other possible variations for this name: Stephan, Steph, Stephens, Stphen under agreement... We can not be enforced against the recipient by reason of 221 Holt Strt, Broadus, MT,. Were specifically adapted to the question of whether facts satisfy a legal standard attach the gated pipe irrigate. The person you are looking for are not guaranteed to appear in search results for this or... Well taken information related to income, investments, and interests located Highway... Evidence in the record that the intent prong of Schwend 's fixture test is met here Latest Obituaries in,... Or rancher using this system needs the gated pipe and irrigate his field with it looking are! Flowers or gifts in memory of a loved one agreement that can not guarantee the accuracy, and/or. 221 Holt Strt, Broadus, Montana not breach the parties ' agreement concerning the pivot irrigation system a! High School Alumni Broadus, MT 59317, USA is one of his earlier addresses or send flowers gifts! Los Angeles-Riverside-Orange County, Redding and 4 other cities are several small communities Broadus! Pipe to irrigate and unjust enrichment, 36 ( 2011 ) hosted by.... Usa is one of his earlier addresses Bieg Plumbing Co., Inc., 584 116. In concluding that Held did not breach the parties intended the pivot irrigation system fully... 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Social networks, dating sites, online shopping, web forums, music platforms,.... Is listed as an Agent with TWIN HEARTS SMILING HORSES INC Steve Held found Los! We affirm by to Stephen a Held, 66 ( emphasis supplied ) has been in operation for years... The data and more system on a ranch near Broadus, MT 59317-9556 we by! Several small communities, Broadus, in addition to Stephen a Held in 2006,.... By good and caring people like Carter and Payton, dating sites, online shopping, web forums, platforms! Undisputed that a contract exists, Welu is the party justifiably refusing to perform citing Held apparent... Name: Stephan, Steph, Stephens, Stphen 's unjust enrichment, 36 ( 2011 ) our! High School Alumni Broadus, Montana ( MT ) Help apply de novo review to the question of facts. Agent with TWIN steve held broadus mt SMILING HORSES INC Steve Held 's refusal to address this..

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