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HARRISBURG, Pa. (AP) — A requirement for Pennsylvania voters to put accurate handwritten dates on the outside envelopes of their mail-in ballots does not run afoul of a civil rights law, a federal appeals court panel said Wednesday, overturning a lower court ruling. A divided 3rd U.S. Circuit Court of Appeals ruled to uphold enforcement of the required date on return envelopes, a technical mandate that caused thousands of votes to be declared invalid in the 2022 election. A lower court judge had ruled in November that even without the proper dates, mail-in ballots should be counted if they are received in time. U.S. District Judge Susan Paradise Baxter said the envelope date is irrelevant in helping elections officials decide whether a ballot was received in time or if a voter is qualified.
Persons: Susan Paradise Baxter, Judge Thomas Ambro, , ” “, Ambro, ” Ari Savitzky, Organizations: Pennsylvania, Circuit, Electoral College, U.S, Assembly, Civil Liberties Union of Pennsylvania, Republican, Republican National Committee Locations: HARRISBURG, Pa, Pennsylvania,
CNN —A New York judge has imposed a gag order on Donald Trump, limiting the former president from making statements about potential witnesses in the criminal trial relating to hush money payments scheduled to begin next month. The order does not prevent Trump from talking about New York District Attorney Alvin Bragg, who is a public figure, or Merchan himself. Trump criticized Merchan, his daughter and one of Bragg’s prosecutors in the hours before Merchan issued his order. The district attorney’s office had requested the gag order last month to remain in place for the duration of the trial. In the civil fraud case last fall, Trump was twice fined for violating Judge Arthur Engoron’s gag order and making comments about the judge’s staff.
Persons: Donald Trump, Juan Merchan, Trump, Merchan, Michael Cohen, Stormy Daniels, Alvin Bragg, , ” Merchan, reimbursements, Cohen, Daniels, denigrating, Arthur Engoron’s, ’ ” Merchan, , Matthew Colangelo, Colangelo, General Merrick Garland’s, ” Trump’s, Bragg, Biden, , ” Trump Organizations: CNN, Trump, New York, Republican, New, Monday’s, Justice Department, Defendant, DOJ, Office, Democratic, Truth, Attorney Locations: York, New York, Washington , DC
A large suburban Philadelphia county has joined dozens of other local governments around the country in suing the oil industry, asserting that major oil producers systematically deceived the public about their role in accelerating global warming. The county wants oil producers to pay to mitigate the damage caused by climate change. The county's 31 municipalities will spend $955 million through 2040 to address climate change impacts, the group forecast last year. It said climate change policy is the responsibility of Congress, not local governments and courts. Circuit Court of Appeals dismissed a lawsuit by New York City against five oil companies to recoup damages caused by global warming.
Persons: Gene DiGirolamo, Theodore J, Boutrous Jr, ” Ryan Meyers Organizations: D.C, Center, Climate Integrity, BP, Chevron, ConocoPhillips, ExxonMobil, Philips, Shell, American Petroleum Institute, U.S, Circuit, New Locations: Philadelphia, Bucks, California , Colorado, Hawaii , Illinois, Maryland , New Jersey , New York , Oregon, South Carolina, Puerto Rico, Washington, Bucks County, Pennsylvania, New York City
RICHMOND, Va. (AP) — A federal appeals court rejected a bid Monday from former coal executive Don Blankenship, who argued that Donald Trump Jr. defamed him by calling him a “felon.”The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, left in place a lower court's ruling in West Virginia against Blankenship, the former CEO of Massey Energy. He served a year in prison on a misdemeanor charge after he was found guilty of conspiring to violate safety standards at a West Virginia mine before an explosion in 2010 that killed 29 men. Blankenship sued the son of then-President Donald Trump after Donald Trump Jr. posted the comment in May 2018 on social media. The high court also previously turned away Blankenship’s appeal of his misdemeanor conviction.
Persons: Don Blankenship, Donald Trump Jr, , Blankenship, Donald Trump, Trump, Jr Organizations: , U.S, Circuit, Massey Energy, CNN, Fox News, Senate, Supreme, Associated Press Locations: RICHMOND, Va, Richmond , Virginia, West Virginia
The Supreme Court on Tuesday allowed Texas to enforce a contentious new law that gives local police the power to arrest migrants. The dispute is the latest clash between the Biden administration and Texas over immigration enforcement on the U.S.-Mexico border. Circuit Court of Appeals said in a brief order that it could go into effect March 10 if the Supreme Court declined to intervene. On March 4, Justice Samuel Alito issued a temporary freeze on the law to give the Supreme Court time to consider the federal government's request. Solicitor General Elizabeth Prelogar said in court papers that the Texas law is "flatly inconsistent" with Supreme Court precedent dating back 100 years.
Persons: Biden, Sonia Sotomayor, Samuel Alito, Elizabeth Prelogar Organizations: Border Patrol, Biden, Circuit, Appeals Locations: Venezuela, Rio, Eagle Pass , Texas, Texas, Mexico, New Orleans
The court ruled unanimously that officials can be deemed "state actors" when making use of social media and can therefore face litigation if they block or mute a member of the public. The court held that conduct on social media can be viewed as a state action when the official in question "possessed actual authority to speak on the state's behalf" and "purported to exercise that authority." While the officials in both cases have low profiles, the ruling will apply to all public officials who use social media to engage with the public. The cases raised the question of whether public officials' posts and other social media activity constitute part of their governmental functions. The court is wrestling with a whole series of social media-related free speech issues in its current term, which runs until June.
Persons: WASHINGTON —, Donald Trump's, Amy Coney Barrett, , Barrett, Trump, Elon Musk, Michelle O'Connor, Ratcliff, T.J, Zane, Christopher, Kimberly Garnier, O'Connor, Christopher Garnier, James Freed, Kevin Lindke, Freed Organizations: Twitter, Poway Unified School District, of, Circuit, Southern District of, Port, U.S Locations: Southern California, Michigan, California, San Francisco, Southern District, Southern District of California, Port Huron City
NEW YORK (AP) — A federal judge in Texas has ordered a 55-year-old U.S. agency that caters to minority-owned businesses to serve people regardless of race, siding with white business owners who claimed the program discriminated against them. The agency, which helps minority-owned businesses obtain financing and government contracts, now operates in 33 states and Puerto Rico. Justice Department lawyers representing Minority Business Development Agency declined to comment on the ruling, which can be appealed to the conservative-leaning 5th U.S. John F. Robinson, president of the National Minority Business Council, said the ruling is “a blow against minority owned businesses," and does nothing to help majority-owned businesses because they already enjoy access to federal resources through the Small Business Administration. "It has the potential of damaging the whole minority business sector because there will be less service available to minority-owned businesses,” Robinson said.
Persons: Mark T, Pittman, Donald Trump, Nixon, Biden, ” Pittman, Dan Lennington, ” Lennington, John F, Robinson, ” Robinson, Arian Simone, Alphonso David, David, Stanley Goldfarb, , , , David Glasgow, Graham Lee Brewer, Haleluya Hadero Organizations: , U.S, Northern, Northern District of, U.S . Commerce Department, Infrastructure Investment, Jobs, Black, Wisconsin Institute for Law & Liberty, Justice Department, Business, Agency, Circuit, National Minority Business Council, Small Business Administration, Economic, Pfizer, The, Appeals, American Alliance for Equal Rights, Meltzer Center for Diversity, New York University’s School of Law, Supreme, AP Locations: Texas, Northern District, Northern District of Texas, Puerto Rico, New Orleans, Tennessee, Atlanta, The New York, Florida, New
To the Editor:Re “Supreme Court Agrees to Hear Immunity Case” (front page, Feb. 29):The Supreme Court has decided to consider Donald Trump’s immunity case on a purportedly expedited basis, with oral arguments set for the third week of April. Did the court really need to hear the merits of this case at all? Is the question of whether Mr. Trump is immune for inciting an insurrection and trying to overturn an election really up for debate? And yet, the Supreme Court has now granted Mr. Trump another delay that, it must know, could well lead to the result that Mr. Trump will not face trial before the election. And, God forbid Mr. Trump wins, we all know there will never be a trial, because he will either pardon himself or order the Justice Department to end its prosecutions of him.
Persons: Donald Trump’s, Trump, Bush, Gore Organizations: Justice Department
Trump’s comments have already resulted in hundreds of threats to the office, prosecutors said in a motion Monday. “Defendant has a long history of making public and inflammatory remarks about the participants in various judicial proceedings against him, including jurors, witnesses, lawyers, and court staff,” the Manhattan district attorney’s office wrote. They are seeking state Supreme Court Judge Juan Merchan to gag Trump from making comments about potential witnesses, lawyers involved in the case other than the DA, court staff, and family members of lawyers and staff. In addition, prosecutors also asked the judge to prevent Trump from making public statements about any prospective juror in the trial. Twice that year, the district attorney’s office received letters with white powder containing messages.
Persons: Donald Trump’s, “ Defendant, Attorney Alvin Bragg, Juan Merchan, Trump, , , Stormy Daniels, Prosecutors, Bragg, Nicholas Pistilli, TAPU, Pistilli, “ Alvin, I’m, ADAs, ” Pistilli Organizations: CNN, Manhattan, Prosecutors, Trump, Attorney, Appeals, Protection, NYPD, DA Locations: Manhattan
Former President Donald Trump's lawyers are trying to get the Mar-a-Lago classified documents case thrown out. Trump's lawyers on Thursday filed several motions to dismiss the case, including one centering on the argument that Trump should be entitled to presidential immunity. The motion acknowledges a Washington, DC appeals court decision on February 6. AdvertisementNow, on the Mar-a-Lago case, Trump's lawyers are arguing that the DC appeals court "erred in finding that President Trump was not entitled to presidential immunity." Trump's lawyers have also argued that the case should be dismissed, based on their allegation that special counsel Jack Smith was unlawfully appointed.
Persons: , Donald Trump's, Trump, Jack Smith, shouldn't Organizations: Service, Trump, Circuit's, Business Insider Locations: Washington, Florida
download the appSign up to get the inside scoop on today’s biggest stories in markets, tech, and business — delivered daily. Read previewThe AI boom has been accompanied by AI lawsuits filed by content owners like The New York Times against big AI companies like Open AI. That was when we had lawsuits like Metallica vs Napster , or MGM vs Grokster , or Arista vs. Lime Group . And when Congress proposed laws like PIPA and SOPA , and when music labels and Hollywood studios were trying to get broadband companies to help them stop illegal downloads . Turns out, things are not so settled, and the music labels are still arguing — successfully, apparently, — that broadband companies can be held liable for bad behavior enabled by their broadband.
Persons: , Cox Organizations: Service, New York Times, Napster, Reuters, Business, Cox Communications, U.S, Circuit, Cox Enterprises, Sony Music Entertainment, Warner Music Group, Universal Music Group, Metallica, MGM, Arista, Lime, Hollywood Locations: Richmond , Virginia, Virginia
Trump had a Thursday deadline to file a petition at the Supreme Court contesting an appeals court decision from December that rejected his immunity arguments, but he did not do so. The appeals court made it clear that Trump could still claim immunity later in the proceedings in three cases brought by Capitol Police officers and members of Congress. "President Trump will continue to fight for presidential immunity all across the spectrum," said Steven Cheung, a Trump spokesman. The civil lawsuits against Trump are separate from the criminal case against him that also arose from Jan. 6. The court instead assumed that they likely were official acts and found that, even then, Trump could not claim immunity.
Persons: Donald Trump, WASHINGTON —, Trump, Steven Cheung, Jan, James Blassingame, Daniel Barnes Organizations: WASHINGTON, Supreme, Trump, Capitol Police, U.S, Circuit, Appeals, District of Columbia, Capitol Locations: Washington , DC
Former President Donald Trump kicked off a last-ditch effort to preserve his claim of total immunity from criminal charges by asking the Supreme Court on Monday to intervene, filing an application for a stay of a lower-court ruling that he cannot use immunity as a defense. “President Trump is the leading candidate for President in the 2024 election,” Trump’s attorneys wrote in the application. The Best Cartoons on Donald Trump View All 292 Images“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the judges wrote. The request for a stay precedes an expected appeal to the high court and was not a surprise. Until the Supreme Court acts on the request for a stay, the appellate judges will delay formally sending their decision, or “mandate,” to U.S. District Judge Tanya Chutkan, who is overseeing the election interference trial.
Persons: Donald Trump, Trump, , Biden –, President Trump, Trump’s, Tanya Chutkan, Chutkan, eviscerated, Fred Wertheimer, ” Wertheimer, Organizations: , U.S ., Appeals, Capitol, Donald Trump View, Trump, Democracy Locations: U.S, Colorado
Those cases could ultimately determine how much power, if any, states possess to police international borders when they disagree with federal immigration policies. The Biden administration has sued to strike down the law, claiming it interferes with the federal government's exclusive powers to police the border and enforce immigration laws. In defending the law, Texas will have to contend with a 2012 U.S. Supreme Court ruling that struck down key provisions of an Arizona immigration law. Texas in its lawsuit claims that by destroying the wire, federal agents are violating the state's property rights. Days after four migrants drowned in the river last July, the state installed the string of buoys, prompting a lawsuit by the Biden administration.
Persons: Daniel Wiessner, Greg Abbott, Joe Biden, Abbott, Biden, Alexia Garamfalvi, Jonathan Oatis Organizations: Republican Texas, Democrat, Supreme, Biden, U.S . Customs, Border, . Border Patrol, U.S, Circuit Locations: Mexico, Texas, U.S, Arizona, Rio Grande, Eagle, , Texas, Mexico . Texas, New Orleans, Rio, Albany , New York
CNN —Peter Navarro, a former trade adviser to President Donald Trump who was convicted of contempt of Congress, has been ordered to report to prison after a judge denied Navarro’s effort to stay out of prison while he appeals the conviction. Circuit, Defendant shall report to the designated Bureau of Prisons facility on the date ordered by the BOP.”CNN has reached out to Navarro’s lawyer for comment. The decision from Mehta stands in stark contrast to how the conviction of Steve Bannon was handled. It’s unclear from Mehta’s order what date exactly Navarro will be required to report to prison. Shortly after his sentencing, Navarro notified the court that he was appealing the sentence.
Persons: Peter Navarro, Donald Trump, Navarro, Amit Mehta, ” Mehta, Mehta, Steve Bannon, Bannon, Trump Organizations: CNN, Capitol, D.C, of Prisons, ” CNN, DC, Appeals Locations: Washington ,
It states that no one can hold office who has previously taken an oath to support the Constitution but then engaged in an insurrection or provided help to enemies of the United States. The Colorado Supreme Court agreed, ruling that Trump's conduct amounted to engaging in "insurrection" in violation of Section 3. And only an appointed and not an elected official can be an ‘officer of the United States,’” his legal team said. “My colleagues and I have filed a brief in the Supreme Court on that very question, and we have argued to the Supreme Court that that is the quintessential insurrection or rebellion against the Constitution of the United States. “He is the presumptive Republican nominee and the leading candidate for President of the United States.
Persons: Donald Trump –, , Trump, Noah Bookbinder, “ We’re, , Bookbinder, , ” Trump, ’ ”, ” “, , J, Michael Luttig, ” Luttig Organizations: Republican, Citizens, GOP, Capitol, The, The Colorado Supreme, Trump, Electoral College, U.S ., Appeals, Circuit, MSNBC, New Locations: United States, Washington, Colorado, The Colorado, United States of America, Iowa, New Hampshire
Donald Trump cannot invoke presidential immunity as a defense against criminal charges that accuse him of attempting to overturn the 2020 presidential election and inciting a violent insurrection at the Capitol, a panel of federal judges ruled on Tuesday. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” wrote for the panel of three judges who serve in the U.S. Court of Appeals for the D.C. Earlier on Thursday, Trump posted to social media about the issue of presidential immunity – almost as if he had advance notice about the decision. “IF IMMUNITY IS NOT GRANTED TO A PRESIDENT, EVERY PRESIDENT THAT LEAVES OFFICE WILL BE IMMEDIATELY INDICTED BY THE OPPOSING PARTY. The decision on presidential immunity was hardly unexpected.
Persons: Donald Trump, Trump, , , ” Trump, Mitch McConnell, impeaching Trump Organizations: Capitol, Trump, U.S ., Appeals, UNITED STATES, Justice Department Locations: U.S
Circuit holds that Trump cannot invoke immunity as a defense against charges connected to his attempts to overturn the 2020 presidential election and a violent insurrection at the Capitol on Jan. 6, 2021. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the panel’s ruling states. “The Indictment charges that former President Trump violated criminal laws of general applicability,” the opinion states. The panel ruling was unanimous and effectively bipartisan, with Democratic- and Republican-appointed judges in agreement. Such an appeal would continue a stay of the panel’s ruling until the high court acted.
Persons: Donald Trump’s, Trump, , ” Trump, Steven Cheung, , , ” “, Tanya Chutkan, Barack Obama, Karen LeCraft Henderson, George H.W, George H.W . Bush, J, Michelle Childs, Joe Biden, Florence Y, Pan, Appeal Trump Organizations: U.S ., Appeals, Circuit, Capitol, Trump, ” Trump Supporters Storm, Democratic, Republican, Appeal, Supreme Locations: United States, George H.W .
PORTLAND, Maine (AP) — A federal appeals court has ruled that Maine must release its voter list to a conservative-backed group that’s conducting independent audits, concluding that state restrictions on distributing the list violated the National Voter Registration Act. The Public Interest Legal Foundation sued Maine over its decision to prevent the wholesale release of voter registration lists without restrictions, such as prohibiting the information from being published online. Organization spokesperson Lauren Bowman said the group sued to ensure its researchers can compare voter rolls in one state against those in another and that it had no intention of publishing the rolls. State election officials and privacy advocates have raised alarms about a push by several conservative groups to access state voter rolls, fearing that the lists could be used to intimidate voters or cancel registrations. “We will do everything in our power in accordance with the law and court decision to protect voter information from abuse," Bellows said.
Persons: Lauren Bowman, J, Christian Adams, State Shenna Bellows, , , Bellows Organizations: , Legal Foundation, Maine, 1st U.S, Circuit, , State, Democrat, New York Citizens Audit, Interest Legal Foundation Locations: PORTLAND, Maine, Boston, ” Maine, New Mexico, Pennsylvania, State, New York, . Maine
Circuit Judge Consuelo Callahan, another Bush appointee, dissented, saying the state had not shown a likelihood of success on appeal. Plaintiffs challenging the law in court included Kim Rhode, who has won three Olympic gold medals in shooting events, and the California Rifle & Pistol Association. California voters had in 2016 approved a ballot measure requiring gun owners to undergo initial background checks to buy ammunition, and pay $50 for a four-year ammunition permit. Legislators amended the measure to require background checks for each ammunition purchase, starting in 2019. Benitez in his decision rejected California's reliance on dozens of laws dating back to 1789 as "historical analogues" for ammunition checks and said the law had "no historical pedigree."
Persons: Richard Clifton, Nate Raymond, Roger Benitez, Benitez, George W, Bush, Holly Thomas, Joe Biden, Consuelo Callahan, Rob Bonta, Kim Rhode, Chuck Michel, Benitez's Jan, Miral Fahmy Organizations: Reuters, Circuit, U.S, District, Democratic, Republican, Democrat, Plaintiffs, California, New York Locations: California, San Diego, New, Boston
BOSTON (AP) — JetBlue and Spirit Airlines will have to wait until June before a federal court hears their appeal of a ruling that blocked JetBlue’s proposed $3.8 billion purchase of the smaller rival. Circuit Court of Appeals in Boston is a month later than the airlines had hoped. They asked for an expedited hearing in May so the court could rule before a July 24 deal-closing deadline in their merger agreement. The appeals court ordered the airlines to file their pre-hearing briefs Feb. 26, with a response by the U.S. Justice Department due by April 11. The Justice Department sued to block the merger last year, saying it would reduce competition and drive up fares, especially for travelers who depend on low-fare Spirit.
Persons: JetBlue’s Organizations: BOSTON, JetBlue, Spirit Airlines, 1st U.S, Circuit, U.S . Justice, Justice, Boston Locations: Boston, York, Miramar , Florida
A Make-or-Break Legal Week for Trump?
  + stars: | 2024-02-02 | by ( Lauren Camera | Feb. | At A.M. | ) www.usnews.com   time to read: +5 min
And there’s a good chance that all three legal dramas see major movement next week. New York Attorney General Letitia James is seeking a staggering $370 million penalty from Trump. Trump is already siphoning a portion of his political donations to pay legal fees associated with the 91 criminal charges filed against him in four indictments. In 2023 alone, The New York Times reported , Trump spent roughly $50 million in donor money on legal bills and investigation-related expenses. The Best Cartoons on Donald Trump View All 280 ImagesIn December, the Colorado Supreme Court found Trump ineligible to hold office under the 14th Amendment of the Constitution.
Persons: Donald Trump, Judge Arthur Engoron, Trump, Engoron, Letitia James, E, Jean Caroll ., United States ”, , , ” Trump, Mitch McConnell, impeaching Trump Organizations: New York, Trump, Republican, New York Times, Donald Trump View, Colorado Supreme, United, Amicus, New, U.S ., Appeals, Circuit, Capitol, Justice Department, Republicans Locations: Washington, Colorado, United States, New York
By Jonathan Stempel(Reuters) - A Virginia doctor who prescribed more than 500,000 opioid doses in less than two years had his conviction and 40-year prison sentence thrown out by a federal appeals court on Friday, because the jury instructions misstated the law. Circuit Court of Appeals in Richmond, Virginia also ordered a new trial for Joel Smithers, 41, who has been serving his sentence in an Atlanta prison. Overprescription of painkillers is one of the main causes of the nation's opioid crisis. Prosecutors said Smithers prescribed controlled substances including fentanyl, hydromorphone, oxycodone and oxymorphone to every patient he saw at the Martinsville, Virginia office he opened in August 2015. Circuit Court of Appeals, No.
Persons: Jonathan Stempel, Joel Smithers, Prosecutors, Smithers, Roger Gregory, Christopher Kavanaugh, Beau Brindley, resoundingly, Bill Berkrot Organizations: U.S, Circuit, U.S . Centers for Disease Control, Prevention, Supreme, of, 4th U.S Locations: Virginia, Richmond , Virginia, Atlanta, United States, Martinsville , Virginia, U.S, Western, of Virginia, 4th, New York
A U.S. appeals court has blocked Florida from enforcing a ban on Chinese citizens owning homes or land in the state against two Chinese nationals who were in the process of buying property when the law was adopted. Circuit Court of Appeals said on Thursday the individuals were likely to prevail on claims that Florida's ban violates a federal law governing real estate purchases by foreign nationals. A Florida federal judge in August had declined to block the law, prompting an appeal by the plaintiffs. Lawmakers in several Republican-led states including Texas, Louisiana and Alabama are considering similar restrictions on Chinese citizens owning property. It also bars most citizens of Cuba, Venezuela, Syria, Iran, Russia and North Korea from owning property near military installations and infrastructure such as power plants and airports.
Persons: Ashley Moody, Bethany Li, Li, Ron DeSantis Organizations: Circuit, Appeals, Republican, Constitution, Asian American Legal Defense, Education Fund, Republican Gov, Chinese Communist Party Locations: Miami , Florida, U.S, Florida, Atlanta, Texas , Louisiana, Alabama, China, Cuba, Venezuela, Syria, Iran, Russia, North Korea
By Daniel Wiessner(Reuters) - A U.S. appeals court has blocked Florida from enforcing a ban on Chinese citizens owning homes or land in the state against two Chinese nationals who were in the process of buying property when the law was adopted. Circuit Court of Appeals said on Thursday the individuals were likely to prevail on claims that Florida's ban violates a federal law governing real estate purchases by foreign nationals. A Florida federal judge in August had declined to block the law, prompting an appeal by the plaintiffs. Lawmakers in several Republican-led states including Texas, Louisiana, and Alabama are considering similar restrictions on Chinese citizens owning property. It also bars most citizens of Cuba, Venezuela, Syria, Iran, Russia and North Korea from owning property near military installations and infrastructure such as power plants and airports.
Persons: Daniel Wiessner, Ashley Moody, Bethany Li, Li, Ron DeSantis, Angus MacSwan Organizations: Circuit, Appeals, Republican, Constitution, Asian American Legal Defense, Education Fund, Chinese Communist Party Locations: Florida, Atlanta, Texas , Louisiana, Alabama, China, Cuba, Venezuela, Syria, Iran, Russia, North Korea, Albany , New York
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