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On Tue, 3 May 2005 09:29:43 -0400, (I
AmnotGeorgeBush) wrote: From: (Dave*Hall) On Tue, 03 May 2005 01:53:26 -0700, Frank Gilliland wrote: But in criminal court the state must prove beyond a reasonable doubt in order to gain a guilty verdict. You are presumed innocent until then. Traffic court is not quite the same. While they may not specifically say it this way, the fact that you got a ticket, is evidence of guilt, and you have to try your best to prove that you're not guilty. In Florida, if one has a clean license (no tickets on record) and is issued a simple traffic ticket, such as for exceeding the speed limit (but less than 15 mph over the legal limit, as speeding more than 15 mph over the limit requires a mandatory court appearance) and challenges it in court, the ticket is practically always dismissed. The word of one cop is enough, in most cases, to render a "guilty" verdict, unless you're damn lucky and can somehow "prove" your innocence. You are assuming the majority of tickets issued are not dismissed. I do not have statistics on this, but from my (again nameless) police friends, I am told that most times the tickets stand, as long as the cop appears, and the offense is not easily disputable. That's why, in Pa, they normally give you 5 - 10 MPH over the speed limit, so as to eliminate the dispute over accuracies. In many cases the cop does not appear, and you can consider that a "gimme". But there's no way to predict who will show and in which case. Dave "Sandbagger" |
#163
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The car, as is the radio spectrum, mine!!!
My car is NOT the DMV's, my radio spectrum is NOT the FCC's.... Regards, John "Dave Hall" wrote in message ... | On Mon, 2 May 2005 13:19:33 -0700, "John Smith" | wrote: | | I am not arguing that the FCC should do ANYTHING!!! Well, other than assist | the people in using "THEIR" radio spectrum... the radio spectrum is NOT | theirs to do anything with!!! | | | Then neither is your car. I hope you won't mind if I "borrow" it. You | don't mind a little mud do you? | | Dave | "Sandbagger" |
#164
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On Tue, 03 May 2005 13:50:49 GMT, "Landshark"
wrote: "Dave Hall" wrote in message .. . On Tue, 03 May 2005 01:53:26 -0700, Frank Gilliland wrote: While they may not specifically say it this way, the fact that you got a ticket, is evidence of guilt, and you have to try your best to prove that you're not guilty. The word of one cop is enough, in most cases, to render a "guilty" verdict, unless you're damn lucky and can somehow "prove" your innocence Um Dave, when the officer hands the book to you and says "sign here" he always says: " This is not an admission of guilt, but a promissory to appear in court", so how does your statement apply? In Pa, you sign to acknowledge receipt of the citation. You then have the choice to either plead guilty and remit the amount of the fine to the address included. Or, you can plead "not guilty" and take your chances fighting in court. But unless you have some means of actually proving your innocence beyond that of playing he said- he said with a cop, you pretty much have the cards stacked against you. Oh, and you will be assessed court costs in addition to your fine if found guilty. If you didn't do anything wrong, you have the RIGHT to appear in court, present your evidence to the JUDGE and let him make the decision, not a bunch of people sitting around a table, drinking coffee, eating donuts and then saying....."um, this guy said SH*T, let's fine him..........$25,000.00, yeah, that's a good amount" Whether or not you did something wrong or not may be open to subjective interpretation. Most cops would not bother to write someone a ticket for not coming completely to a stop and waiting the required 3 seconds before proceeding at a stop sign. But the point between what's an acceptable stop and one that's not, is a subjective gray area, and not one that you will usually win. Most traffic law issues are not always black and white. Yes, if you actually feel that you were unfairly targeted, you might be tempted to fight. But if you are still guilty of violating the letter of the law, if not the intent, you might find it a tough battle. On the other hand, if you **** off a cop and he pulls you over and "invents" a few charges to stick you with, you will still have a hard time proving that you did not commit them unless, of course, the cop in question has a history of abusing his power in such a way. Is this fair? No. But is it a fact of life? Certainly. You have a better chance of beating a ticket if your inocent than an FCC fine, at least you appear before a Judge and you can request a jury trial, try to do that with a FCC NAL. You can fight an NAL as well. In most cases the FCC gives fair warning before handing out the NAL. If you heed the warning, in most cases that will be the end of it. I haven't read any accounts of people popped by the FCC who weren't guilty of the offense charged. In most cases, their "defense" consists of crying poor, or somehow trying to justify their actions. Some of the excuses given are quite laughable. Why play word games? The end result is the same. The accuser has to prove his innocence, by discrediting the evidence against him. The cop is not required to demonstrate 6 different ways from Sunday how the accuser is guilty "beyond a reasonable doubt". He only has to show up and testify that the accuser ran such and such red light, and it's his word against the accuser's. So who does the court tend to believe? How is this a "presumption of innocence"? What word games? The officer presents his evidence, then you have your turn, do you think that just because he's a police officer he's always right? No, he's not always right, but he's more credible in the eyes of the court than Joe Average Citizen. Cops are viewed with a certain amount of public trust. If it comes down to a battle of testimony between you and the cop, the court will side with the cop in most cases. If you present the correct type of evidence, witness's, you will be found innocent. Tell me, just how great are your chances of having an impartial witness around when you need them, or having some other form of concrete exculpatory evidence? You are talking how things should be in theory. I'm talking about how they are in reality. In an ideal world, all innocent people would never be accused or wrongly convicted of a crime. The real world paints an entirely different picture. I'm not saying it's right. I'm just acknowledging that it happens. I'm waiting until the FCC gets into the Satellite radio scene. I'm waiting until the FCC starts regulating the internet. It's coming. That's a very sad statement Dave, if you can't regulate what you hear and watch, you have to have the governmet do it for you. A clear case.......... Lack of self control. It's an unfortunate truth that there are some people out there that can't exercise self control and, by their lack of respect for others, pollute the public venues with inappropriate behavior. Barring vigilante justice, government intervention is often the only sensible alternative. Ironically, I tend to be a "minimal governmental intrusion" advocate. But as more and more people adopt an "in your face" attitude with respect to their perceived rights, I start to understand the need for stricter controls. Homosexuality is a disorder of the brain. Not much different than schizophrenia, bipolar, or a host of other disorders. We should be looking for ways to treat and correct it, not for reasons to excuse it. LOL!!!! Dr. Sigmund Hall is in the office..... Too funny You disagree? You obviously haven't read the studies on the subject. A marriage is a symbolic ritual of bonding that occurs between biologically compatible couples. There can be no natural procreation in a homosexual union. So yes, those values ARE diminished. Symbolic Yes. I'm not sure what you mean by "biologically compatible" Do you mean, if your gay, you can't be a compatible couple? You cannot procreate, which is the whole point of marriage and family. Don't get me wrong Dave, I agree with you on "Gay marriage", I think your words are wrong though. In what way? Too much stuff to comment on here Dave, you have got way to much time on your hands, I for one have to get to work, see yaa. I'm already here. I'm on lunch right now. My day is 2/3rds over. This small distraction is hardly a dent in my work day. Dave "Sandbagger" http://home.ptd.net/~n3cvj |
#165
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From: (Dave=A0Hall)
On Tue, 3 May 2005 09:31:34 -0400, (I AmnotGeorgeBush) wrote: ANYTHING!!! Well, other than assist the people in using "THEIR" radio spectrum... the radio spectrum is NOT theirs to do anything with!!! Then neither is your car. I hope you won't mind if I "borrow" it. You don't mind a little mud do you? Dave "Sandbagger" A valid comparison can not be reached when you present an intangible vs a tangible. The fact that you refuse to view radio .spectrum as "tangible" is not my problem. Nope, it certainly isn't. But the fact that you do not understand the definition of "tangible" certainly is your problem. Dave ?."Sandbagger" n3cvj |
#166
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"Dave Hall" wrote in message ... On Tue, 03 May 2005 13:50:49 GMT, "Landshark" wrote: "Dave Hall" wrote in message . .. On Tue, 03 May 2005 01:53:26 -0700, Frank Gilliland wrote: While they may not specifically say it this way, the fact that you got a ticket, is evidence of guilt, and you have to try your best to prove that you're not guilty. The word of one cop is enough, in most cases, to render a "guilty" verdict, unless you're damn lucky and can somehow "prove" your innocence Um Dave, when the officer hands the book to you and says "sign here" he always says: " This is not an admission of guilt, but a promissory to appear in court", so how does your statement apply? In Pa, you sign to acknowledge receipt of the citation. You then have the choice to either plead guilty and remit the amount of the fine to the address included. Or, you can plead "not guilty" and take your chances fighting in court. But unless you have some means of actually proving your innocence beyond that of playing he said- he said with a cop, you pretty much have the cards stacked against you. Oh, and you will be assessed court costs in addition to your fine if found guilty. Same here. Yes, if you don't do your homework and submit the evidence correctly, you are at the mercy of the court. Of course if your guilty, why would you be there? If not, do your homework, present a good case with evidence & witness's and you will be found innocent. If you didn't do anything wrong, you have the RIGHT to appear in court, present your evidence to the JUDGE and let him make the decision, not a bunch of people sitting around a table, drinking coffee, eating donuts and then saying....."um, this guy said SH*T, let's fine him..........$25,000.00, yeah, that's a good amount" Whether or not you did something wrong or not may be open to subjective interpretation. Most cops would not bother to write someone a ticket for not coming completely to a stop and waiting the required 3 seconds before proceeding at a stop sign. Why not? if they didn't wait, they could get the ticket. You have "unnamed" cops that are friends, do they tell you that they only ticket people that they see, 100% do something wrong? If they say yes, they are probably lying. But the point between what's an acceptable stop and one that's not, is a subjective gray area, and not one that you will usually win. That's some of my point. If he really didn't see you not stop, he's guessing. If so, then you have your witness's, do your homework and present it accordingly. I was sighted once for that offence, there was no way he could have seen me stop, let alone not stop. I took my pictures, measurements and showed in court that there was no way that the officer could have seen me stop, let alone run the stop sign from the position he said he was in. I won, and I was only 18 years old then. Most traffic law issues are not always black and white. Yes, if you actually feel that you were unfairly targeted, you might be tempted to fight. But if you are still guilty of violating the letter of the law, if not the intent, you might find it a tough battle. Maybe, but if your speedo is off, you can go to court, show that it was off and also show that it was repaired, most of the time the judge will dismiss the case. On the other hand, if you **** off a cop and he pulls you over and "invents" a few charges to stick you with, you will still have a hard time proving that you did not commit them unless, of course, the cop in question has a history of abusing his power in such a way. Maybe again. But if you have someone with you, that type of stuff is less likely to happen (witness factor) Is this fair? No. But is it a fact of life? Certainly. You have a better chance of beating a ticket if your inocent than an FCC fine, at least you appear before a Judge and you can request a jury trial, try to do that with a FCC NAL. You can fight an NAL as well. In most cases the FCC gives fair warning before handing out the NAL. Warnings are not NAL, so there is nothing to fight. If you heed the warning, in most cases that will be the end of it. I haven't read any accounts of people popped by the FCC who weren't guilty of the offense charged. It doesn't matter Dave, you can't fight a NAL, you either pay it or have a lein on your property or wages garnished. In most cases, their "defense" consists of crying poor, or somehow trying to justify their actions. Some of the excuses given are quite laughable. Same as a real court. Why play word games? The end result is the same. The accuser has to prove his innocence, by discrediting the evidence against him. The cop is not required to demonstrate 6 different ways from Sunday how the accuser is guilty "beyond a reasonable doubt". He only has to show up and testify that the accuser ran such and such red light, and it's his word against the accuser's. So who does the court tend to believe? How is this a "presumption of innocence"? What word games? The officer presents his evidence, then you have your turn, do you think that just because he's a police officer he's always right? No, he's not always right, but he's more credible in the eyes of the court than Joe Average Citizen. Why? He's a person just like anyone else. His credibility rides on what he presents and how he does it, just like you. Cops are viewed with a certain amount of public trust. If it comes down to a battle of testimony between you and the cop, the court will side with the cop in most cases. Again, if you did something wrong, why waste the time of the courts, but if you are innocent and present your case in a legit way, you will probably get off. If you present the correct type of evidence, witness's, you will be found innocent. Tell me, just how great are your chances of having an impartial witness around when you need them, or having some other form of concrete exculpatory evidence? I made a right hand turn onto another street, I proceeded into the right side of the lane partially into the bike lane (legal if with-in a certain distance of the intersection). Cop saw it and gave me a ticket for passing on the right. I showed with both video, pictures and measurements, after the officer said I passed on the right some 1000 to 1300' before the intersection. That being said I would have had to pass him on the right before the previous light (I had turned onto the road in front of him, so how did I pass him?) I was found innocent via US mail and the judge enclosed a note saying that I had come to the court very well prepared with my evidence in proper sequence. You are talking how things should be in theory. I'm talking about how they are in reality. In an ideal world, all innocent people would never be accused or wrongly convicted of a crime. The real world paints an entirely different picture. I'm not saying it's right. I'm just acknowledging that it happens. Sorry, in the real world I'll bet you more people that do the right thing while in court get off more than you think. I'm waiting until the FCC gets into the Satellite radio scene. I'm waiting until the FCC starts regulating the internet. It's coming. That's a very sad statement Dave, if you can't regulate what you hear and watch, you have to have the governmet do it for you. A clear case.......... Lack of self control. It's an unfortunate truth that there are some people out there that can't exercise self control and, by their lack of respect for others, pollute the public venues with inappropriate behavior. If you don't like Stern, change the channel, if you don't like Queer eye for the straight guy, don't watch it, but don't ask the government to stand in and say " this is bad, people don't want to watch this, take it off the air. You would have culture shock if you ever get over to Europe. Barring vigilante justice, government intervention is often the only sensible alternative. So when the public is tired of seeing televangelist all day and night, politicians are tired of it, it's ok to bar them from TV? Because you don't have the common sense to turn it off or change channels? That's messed up, you had better hope that the country never gets to that stage. Ironically, I tend to be a "minimal governmental intrusion" advocate. But as more and more people adopt an "in your face" attitude with respect to their perceived rights, I start to understand the need for stricter controls. Homosexuality is a disorder of the brain. Not much different than schizophrenia, bipolar, or a host of other disorders. We should be looking for ways to treat and correct it, not for reasons to excuse it. LOL!!!! Dr. Sigmund Hall is in the office..... Too funny You disagree? You obviously haven't read the studies on the subject. Nor do I care too, it's not anything that I'm concerned about. A marriage is a symbolic ritual of bonding that occurs between biologically compatible couples. There can be no natural procreation in a homosexual union. So yes, those values ARE diminished. Symbolic Yes. I'm not sure what you mean by "biologically compatible" Do you mean, if your gay, you can't be a compatible couple? You cannot procreate, which is the whole point of marriage and family. Hummm, maybe, but it's not the only reason for marriage. Don't get me wrong Dave, I agree with you on "Gay marriage", I think your words are wrong though. In what way? I think they can have what ever type of saying they want, but marriage is and has always been between a man & a woman, not a man & man or woman & woman. Too much stuff to comment on here Dave, you have got way to much time on your hands, I for one have to get to work, see yaa. I'm already here. I'm on lunch right now. My day is 2/3rds over. This small distraction is hardly a dent in my work day. Well I have bigger things to do than this group, so time is more precious to me. Dave "Sandbagger" http://home.ptd.net/~n3cvj Landshark -- __ o /' ) /' ( , __/' ) .' `; o _.-~~~~' ``---..__ .' ; _.--' b) LANDSHARK ``--...____. .' ( _. )). `-._ `\|\|\|\|)-.....___.- `-. __...--'-.'. `---......____...---`.___.'----... .' `.; `-` ` |
#167
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On Tue, 03 May 2005 09:00:00 -0400, Dave Hall
wrote in : snip The difference between you and I is only a matter of degree. When you make relative value judgements, this is the danger you run into. When you apply logic in the justification for allowing certain behaviors, the same logic can be applied to a successive list of increasingly abhorrent behaviors and practices. It comes down to what you are willing to tolerate. Once you start down that slippery slope, there's no turning back, without abandoning your logic and adopting some sort of "bigotry". That "degree of morality" is established by society, not you, and not any religious activist group. The overwhelming majority of people (99%) feel that murder, sex crimes, etc are 'immoral'. But there isn't much of a majority condemning homosexuality. -That's- how you make a "relative value judgment". snip A mere half-century ago there were some people who didn't like the idea of treating black people as equals. They especially didn't want blacks to be able to vote. Some even used the argument that a black vote would diminish the value of their own vote, which was a weak rationalization of their racist attitudes. You are confusing racism with morality. They're not the same, even if some of the methods seem similar. Now -there's- a quote for the Dave Hall hall-of-shame. snip If you lead a monogamous lifestyle and do not engage in dangerous recreational habits, your chances of contracting AIDS is minuscule. HIV doesn't care if you are gay or straight. And maybe you missed the boat on this one too, but a lot of people got the disease from blood transfusions. So if you are going to suggest that AIDS is a disease that is contracted only by evil people then you are even more ignorant than you have so far demonstrated. Science therefore vindicated the gay community. But it also exposed people to their own misperceptions about homosexuality. Apparently you weren't paying attention. I was paying attention. To the facts. There are many who believe that AIDS is the work of God, sent to punish those who engage in "unworthy" behavior. It's easy for those who have little faith in a supreme being to deny this possibility. But it's interesting in where the highest percentages of HIV cases are, and what activities place people at the most risk. Coincidence? I was wrong about you, Dave. I thought you were intelligent but a little misguided. Now I see that you are a certifiable holy-roller racist whacko. snip Well, kick back and pop a brew, Dave, because this is America, A nation founded by Christian people based on Christian doctrine, even if the 1st amendment decries that there is no "official" state sponsored religion. Not just the First Amendment, Dave. The concept is reflected in the main body of the Constitution; "...no religious test shall ever be required as a qualification to any office or public trust under the United States," a clause which was unanimously adopted by the Constitutional Convention. This country was founded on the principle of religious freedom (as well as other important principles). After being forced by England to practice only one religion (the religion of the state), the new Americans wanted people to have the freedom to practice religion according to their belief, be it Christianity, Judaism, Islam, Bhuddism, Taoism, Monoanimism..... or even no religion at all. The USA is not, nor has it ever been, a Christian state. and you have the right to practice your religion as you see fit -- just let the rest of us do the same. As long as what you do doesn't infringe on what I do or diminish the values that this country was originally founded on. Gay marriage doesn't change your legal rights and responsibilities. It doesn't change your tax filing status. It doesn't give your kids birth defects. It doesn't invalidate your will. It doesn't change your life insurance policy premiums, or any other bills you pay. It doesn't change the color of your house, the mileage of your car, or how fast the weeds grow in your garden. It doesn't affect you in any way except the way you feel. And -you- are responsible for the way you feel, not -anybody- else. There is nothing in the Constitution that dictates how a person should feel. If gay marriage weakens the value of your marriage, it does so only because you let it, and that's nobody's fault but your own. If your bigoted brain had any intelligence you would realize that gay marriage would -strengthen- the value of your marriage because it provides a contrast to your own definition of the union. But that's not the case. You just hate homosexuals. It's as simple as that, isn't it, Dave? snip ..... Or do you support the position of right-wing conservative Christians who say (by their actions) that any participation of fags in America's free-market economy should be supressed? Sometimes politics is at odds with economic considerations. Sometimes you have to cut off your own nose to make a much larger point. That's called "principle" A simple 'yes' would have sufficed. snip The "right" choice is any choice that isn't unconstitutional. The constitution is relative as well. It was framed by Christian people with their religious inspired morality contained within its wording. You have obviously never read it. snip If you choose to reject science and logic, that's your business. Quite contrary. Logic supports the existence of a creator or, more generally, the concept of intelligent design. Our whole ecosystem, the intricate specialization of the various functions of our bodies and other aspects of nature are far too complex to have occurred and evolved at random. There is simply not enough order in chaos for this to happen. I see you slept through history -and- science. If I'm wrong then you can rest assured that I'll pay for my indiscretions -- but that's -my- business, not your's. Yes, it is. But it's my business if you try to poison others by "immoral" thinking. And hence we have the classic "moral dilemma". No, it's -not- your business if I try to "poison" others by stating that I'm an atheist. You have just as much right to declare that you are a Christian (or whatever warped permutation of religion you have adopted to validate your "core beliefs"). And no group of Christians, no matter how large, has the right to impose it's version of morality on me. This is 21st Century America, not the dark ages or the Spanish Inquisition. But it -is- your business to abide by the Constitution the United States, which clearly states that religion has no place in this government. If that makes you feel bad, tuff ****. Learn to live with it or get out. I would highly recommend the latter. snip These "Christians" really need to start practicing what they preach. Or at least how to live and let live. Not when abhorrent behavior is cancerous to their way of life. They have a right to fight for what they believe in, just as much as those who would throw traditional morality to the wind in support of the latest hedonistic pop-culture fad. Rock and roll is here to stay, Dave. snip Once again you are confused, Dave. It was statutory law that initiated the Constitutional challenge. The statute was -overthrown- by the Supreme Court, not established. Exactly. But what right should a branch of government which is supposed to interpret and apply the law, have in making or overturning standing law? That is the job for the legislature. Oh dear god, you really don't have any clue about how the government works, do you? Three branches of government? Checks and balances? Seperataion of powers? But why should I be suprised -- you haven't even read the Constitution. And case law is just as much 'law' as statutory law because of the system of 'checks and balances' -- to suggest that a law is something less because it is a "judicial ruling" is completely bogus. I call it "overstepping their bounds". No law that is made by the legislature should be struck down by a panel of judges without debate, which should include the legislature who passed the law in the first place. When I realize that people like you vote, it comes as no suprise that Bush was re-elected..... he has great appeal with the ignorant. It's clear that you never learned the basics of your own government. Just like you never learned the basics of electronics. The problem is that you can't possibly make an informed decision about who to vote for if you don't even know the job description! Climb down off your morality horse and learn about your own country before you wage a holy war against other Americans. And yes, even homosexuals can be American citizens. Does that diminish the value of your citizenship? If it does then you know what you can do, don't you Dave? ----== Posted via Newsfeeds.Com - Unlimited-Uncensored-Secure Usenet News==---- http://www.newsfeeds.com The #1 Newsgroup Service in the World! 120,000+ Newsgroups ----= East and West-Coast Server Farms - Total Privacy via Encryption =---- |
#168
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JEEEEZZZZZZ ENOUGH OF THIS GARBAGE. Lets get back to CB'in and
Freebanding. QSL? insert roger beep and\or noise toy here |
#169
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On Tue, 3 May 2005 17:29:19 -0400, (I
AmnotGeorgeBush) wrote: A valid comparison can not be reached when you present an intangible vs a tangible. The fact that you refuse to view radio .spectrum as "tangible" is not my problem. Nope, it certainly isn't. But the fact that you do not understand the definition of "tangible" certainly is your problem. You asked for it. Pay particular attention to definition #3: tan·gi·ble ( P ) Pronunciation Key (tnj-bl) adj. 1 a. Discernible by the touch; palpable: a tangible roughness of the skin. b. Possible to touch. c. Possible to be treated as fact; real or concrete: tangible evidence. 2. Possible to understand or realize: the tangible benefits of the plan. 3. Law. That can be valued monetarily: tangible property. Is not the RF spectrum given a monetary value by virtue of the FCC auctioning it off to the highest commercial bidders? That makes it a tangible asset. No different than a piece of property. Dave "Sandbagger" http://home.ptd.net/~n3cvj |
#170
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On Tue, 3 May 2005 09:39:13 -0700, "John Smith"
wrote: The car, as is the radio spectrum, mine!!! My car is NOT the DMV's, my radio spectrum is NOT the FCC's.... The FCC owns the rights to the radio spectrum in this country. They are the ones authorized to sell spectrum to people with a legitimate need. It's no different than government owned land. Your car is yours as is your radio gear. But the privilege to operate both is granted by the government, and can be revoked for the proper cause. Another way to look at it. You own your car, but not the roads you drive on. You may own your radio, but not the airwaves you broadcast on. Dave "Sandbagger" http://home.ptd.net/~n3cvj |
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