The upshot of this argument is that the $220,498.70 in conversion damages owed by R.A. Bruner to Bruner Corporation is actually owed by Bruner Corporation to itself. 27, Exh. No one has written a summary of this case yet. Replacement Filters. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order, #2 Exhibit B - General Agreement of Indemnity, #3 Exhibit C - Project Bond, #4 Exhibit D - Communications, #5 Exhibit E - Demand) (Evenchik, Aaron) (Entered: 03/11/2020), (#9) ORDER OF CONSENT to Jurisdiction by US Magistrate Judge. 134.01. Fin., Inc., 71 F.3d 1343, 1346, 1348 (7th Cir.1995) (describing intent requirement for mail and wire fraud as predicate RICO offenses).The Wisconsin civil conspiracy law also has a mens rea requirement. Id. (sln), Unopposed MOTION for Extension of Time New date requested 5/27/2015. (Jodka, Sara), NOTICE by Plaintiff Cameron Wade of Filing of Opt-In Consent Form of Jonathan Cook (Attachments: # 1 Exhibit 1: Opt-In Consent Form of Jonathan Cook) (Hymore, Ryan), STIPULATION of Extension of Time to Answer or Otherwise Move in Response to Plaintiffs' Complaint by Defendant Bruner Corporation. * This document may require redactions before it can be viewed. Rocketreach finds email, phone & social media for 450M+ professionals. The average employee at Bruner makes $44,889 per year. DeWitt LLP ("DeWitt"), filed a lawsuit against Sherri Brunner ("Sherri") seeking declaratory relief. We address each of the parties' contentions below. It not only design and build commercial mechanical systems, but it has a large preventative maintenance and service base to look after mechanica See more. (ew) (Entered: 01/28/2020), Docket(#21) NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in May 2020. Answer due 4/27/2015. Robert A. Bruner, Sr. (R.A. Bruner), d/b/a R.A. Bruner Company, appeals from summary judgments in favor of Heritage Companies and West Bend Mutual Insurance Company (the Insurers) holding that the Insurers had no duty to defend or . The company began trading on 9 September 1987 and has 8 employees. (sln), Reset Deadlines: Bruner Corporation answer due 5/27/2015. Again, a reasonable fact-finder confronted with this evidence could find that R.A. Bruner knew that the goods Balogh was selling were stolen, or at least that it should check with the company to make sure these transactions were legitimate. Bruner claims that, because it fully paid the original contract, and Comtech's proceeding work was necessitated by its breach of that original contract, that it has no obligation to pay Comtech for the repairs. Our firm, founded in 1907, practices in a wide variety of fields. Several facts remain in dispute. Great Experience Since Bruner Corporation never offered R.A. Bruner a discount greater than 40% when R.A. Bruner purchased through the Corporation directly, a reasonable fact-finder could conclude that R.A. Bruner knew or should have known that the additional discount it received from Balogh was not authorized by his supervisors. Class action lawsuits are intended to help large groups of people who have been injured or wronged by a common practice or misrepresentation to receive fair compensation for the losses they sustained. v. St. Paul Fire and Marine Ins. (O'Shaughnessy, Christopher) (Entered: 02/19/2020), Docket(#5) ANSWER to #1 Complaint, filed by All Defendants. Plaintiff claims that it is entitled to summary judgment against Defendant with regard to prejudgment interest on the unpaid invoices. Type. Why is this public record being published online? Finally, Bruner Corporation repeatedly reprimanded Balogh for continuing to sell products to dealers who were not official representatives. Santa's Best Craft, L.L.C. The district court granted summary judgment in favor of R.A. Bruner and its codefendant (another retailer) on all counts except the conversion claim. The role of the judge in resolving a motion for summary judgment is not to weigh the evidence for its truth but to determine whether sufficient evidence exists that a jury could return a verdict in favor of the non-movant. Welcome to WaterFilters.Net | Free Shipping on Orders Over $99* | Contact Us | 1-888-801-7873. We therefore remand the case to the district court for further proceedings on these claims. A party suing a corporation and filing the lawsuit is known as the plaintiff, while the corporation being sued is known as the defendant. In Bruner Corporation's appeal of the dismissal of its RICO, WOCCA, and civil conspiracy claims, we reverse and remand for further proceedings, because genuine issues of material fact exist regarding R.A. Bruner's knowledge that the goods it purchased from John Balogh were stolen. Founded. We try cases to juries and handle appeals for matters which may include the following types of issues: Fraud. (kk2)In light of the COVID-19 pandemic, all in-person mediations are post poned; however, the parties and mediators are DIRECTED to attempt mediation via telephone or video conference. Summary judgment is proper where the materials in the record demonstrate that there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." That initial $2,586,200.00 contract between Bruner and Comtech has been fully paid. The latest confirmation statements show that BRUNER CORPORATION has 25.0 directors. 2023-02-15, U.S. District Courts | Contract | Show More Bruner Demographics. (daf) (Entered: 03/13/2020), Docket(#16) NOTICE of Appearance by A.J. SNYDER, P.J. BRUNER CORPORATION, Plaintiff-Appellee, Cross-Appellant, v. R.A. BRUNER COMPANY and Robert A. Bruner, Sr., Defendants-Appellants, Cross Appellees. Amid accusations of mismanaged funds and breach of contract, chef Erik Bruner-Yang has filed a lawsuit against Toki Underground and its partners for allegedly attempting "to destroy his. Lynn Tilton's Zohar investment funds agreed to sell the 'Oasis' brand of water coolers for up to $73 million under a court-supervised marketing process. Because that affirmative defense is insufficient, the Court strikes it from the pleadings. Many, if not all, of the Balogh sales were unauthorized; John Balogh was stealing Corporation products, selling them on the side to his retailer customers, and keeping the profits for himself.2, Bruner Corporation filed this damages suit against R.A. Bruner alleging common-law conversion and violations of RICO, WOCCA, and Wisconsin's civil conspiracy law. BRUNER CORPORATION E-File Follow. See Patton, 480 F.3d at 488. Make your practice more effective and efficient with Casetexts legal research suite. Point of Entry Replacement Filters. Hensel for Plaintiff Travelers Casualty and Surety Company of America (Hensel, A.J.) This is unfortunate, for if R.A. Bruner had raised the argument and the district court had found it meritorious, the court would have been spared the task of calculating the damages. 14, p. 4), there is no dispute of material fact, and the affirmative defense fails as a matter of law. Docket (#2) Summons Issued as to Bruner Corporation; Building Control Integrators, Inc.; Lacon Road Properties, LLC; and F. Randolph Sleeper. (agm) (Entered: 02/26/2020), (#6) Corporate Disclosure Statement by Defendants Bruner Corporation, Building Control Integrators, Inc., Lacon Road Properties, LLC, F. Randolph Sleeper. At some point during this period, R.A. Bruner began to receive an even greater discount (46% off list price) from Balogh, purportedly to allow it to remain competitive with the local official manufacturer's representative, Stickler & Associates. Company profile page for Bruner Corp including stock price, company news, press releases, executives, board members, and contact information by Defendant Bruner Corporation. There seem to be a lot of ego in the upper structure of the company, The hardest part of the job was there were so many rush jobs that were on a time schedule. Prejudgment interest begins to accrue when it becomes "due and capable of exact computation." Doc. Anderson v. Flexel, Inc., 47 F.3d 243, 247 (7th Cir.1995) ([P]ost-judgment motions cannot be used to raise arguments or legal theories that could have been and should have been brought before judgment.). Bruner Corporation website. The court also granted summary judgment in favor of Bruner Corporation on R.A. Bruner's counterclaims alleging tortious interference with contractual relationships and violation of the Wisconsin Fair Dealership Law. Contact us. To update this case yourself, sign into PACER (paid PACER subscription required). In any case, Bruner invoices and is paid the negotiated sales price, and the representative who solicited the sale receives a 10% commission on the sales price. (Attachments: #1 Exhibit A - Proof of Service, #2 Exhibit B - Proof of Service, #3 Exhibit C - Proof of Service, #4 Exhibit D - Proof of Service, #5 Exhibit E - Proof of Service, #6 Exhibit F - Proof of Service, #7 Exhibit G - Proof of Service) (Evenchik, Aaron) Modified text on 2/5/2020 (ew). Although the modern Restatement would apply this rule only when the defendant converter acted with knowledge that its actions were wrongful, Restatement (Second) of Torts 927 cmt. (Jodka, Sara), ORDER Granting 10 Dft's Motion for Extension of Time to Answer. The court relied on the list prices of the stolen goods in calculating damages and ordered R.A. Bruner to pay $220,498.70. R.A. Bruner does not appeal this portion of the judgment. Doc. The problem with this argument is that, for several years prior to the start of Balogh's trafficking in stolen goods, Bruner Corporation allowed R.A. Bruner to purchase the Corporation's products both directly and through John Balogh. Not only do we design and construct commercial mechanical systems, but we also have a robust preventative maintenance . 25) is DENIED. Doc. Bruner Corporation eventually discovered the scheme and sued R.A. Bruner, among others, 1 for violations of the Racketeer-Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. (sln), ORDER granting 19 Motion to Dismiss Plaintiff Cameron Waid's FMLA Claim. Thus, if Balogh owes R.A. Bruner $220,498.70 in contribution, the argument runs, then Bruner Corporation must owe Balogh that same amount. There is no evidence in the record that the payment and invoicing procedures used prior to the conversion period were any different than those used during the conversion period. Doc. (Attachments: # 1 Memorandum in Support of Motion) (Jodka, Sara), NOTATION ORDER granting 8 Motion for Extension of Time to Answer. (Attachments: #1 Exhibit A - General Agreement of Indemnity, #2 Exhibit B - Project Bond, #3 Exhibit C - Communications, #4 Exhibit D - Demand) (Evenchik, Aaron) (Entered: 03/11/2020), Docket(#9) ORDER OF CONSENT to Jurisdiction by US Magistrate Judge. The trouble for Bruner began in February 2015 when Lionsgate bought Telltale Games and allegedly moved to replace him with an outside CEO. --------. Production Credit Ass'n v. Nowatzski, 90 Wis.2d 344, 280 N.W.2d 118, 123 (1979). Signed by Magistrate Judge Elizabeth Preston Deavers on 10/26/2015. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/20/2015. Served on 1/30/2020. Region Assigned: Specifically, the affidavit alleges that Comtech designed the blowdown pipe lines defectively ( 14-15), that Comtech's float-style low water cutoffs imploded ( 16), that Comtech provided no functioning non-return valves ( 18), that Comtech's provided control software was faulty ( 19), and that Comtech defectively designed the flue gas recirculation system ( 23-24). Revenue. Our high-quality equipment and services have been keeping customers satisfied for years. 25, 34-35; Doc. Bruner Corporation designs and manufactures water treatment systems. (sln), Defendant's ANSWER to 1 Complaint filed by Bruner Corporation. ANTONIA TOMBARI, and individual, and TROY BRUNER, an individual, Plaintiffs, v. STATE OF WASHINGTON, by and through the WASHINGTON STATE DEPARTMENT OF CORRECTIONS, a Washington State Agency; CATHI HARRIS, and individual; JIM RILEY, an individual; MEGAN SMITH, an individual; RENEE SCHUITEMAN, an individual; and KRISTOPHER SMITH, an individual, Defendants. In its Opposition to the Motion for Summary Judgment, Defendant makes no argument that its third affirmative defensethat it was "only required to make payment to Comtech when Bruner received payment from John Deere"has merit, and points to no evidence to support it. None of the statements that Plaintiff claimed contradicted prior testimony rose to the level of a direct contradiction under settled case law. In R.A. Bruner's appeal of the amount of conversion damages, we vacate the district court's award and remand for further proceedings to recalculate conversion damages. Plaintiff correctly asserts that Defendant has conceded the unpaid invoices (other than Invoice 7933) were not "part" of the Initial Purchase Order. 27, p. 5. It is very unusual for the sales price to reflect the full factory discount available to manufacturers representatives. What is this? You will be notified when it is ready. 25, pp. Bruner leased the oil and gas rights on that land to Chesapeake Exploration and CHK . Wade v. Bruner Corporation Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). Located in Hilliard, Ohio, Bruner Corporation is in business Since 1958 serving columbus, dublin, johnstown, lancaster, paris and surrounding areas as HVAC Contractors Although Bruner agrees that it contracted with Comtech for the work performed under the invoices in question, and that the work was to be performed on a time and materials basis, Bruner contends that the accuracy of the listed materials and work hours are at issue. 2:20-CV-00336-SAB . Bruner, on the other hand, contends that Comtech's prior breach of contract entitles Bruner to withhold payment, and that no money is owed. 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. Anonymously review your recent payment experience Follow Bruner Corp for Updates 108 other companies are following Follow For Updates Bruner Corporation, No. (mas), Joint MOTION to Dismiss PLAINTIFF CAMERON WAID'S FMLA CLAIM ONLY by Plaintiff Cameron Wade. Responses due by 11/30/2015 (Attachments: # 1 Exhibit 1: Declaration of Cameron Waid) (Hymore, Ryan), ORDER - Counsel to email the undersigned's Courtroom Deputy, Sherry Nichols, at Sherry_Nichols@ohsd.uscourts.gov by November 6, 2015 to advise her if this case should not be set for the December 14-18, 2015 Settlement Week. Remand for further proceedings is therefore required, it is argued, to resolve this factual issue. Name: Phone: Fax: E-Mail: Brayton Purcell +1 415 898 1555: Bruner . Primary Expert due by 5/20/2016. (kk2)In light of the COVID-19 pandemic, all in-person mediations are post poned; however, the parties and mediators are DIRECTED to attempt mediation via telephone or video conference. 02-10-2023 . . Deadline for notifying the Court is 4/2/2020. This is not to say that Bruner Corporation will necessarily succeed at trial in proving that R.A. Bruner knew that the goods were stolen. at 16. Bruner Corporation eventually discovered the scheme and sued R.A. Bruner, among others,1 for violations of the Racketeer-Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Deceased was 'spotting' the truck by giving directions as to the area on which to dump material. Plaintiff's motion for summary judgment is based on three arguments: 1. the unpaid invoices were not "part of" the original boiler contract, 2. there is no "pay when paid" precondition in the contracts at issue, and 3. there are no bona fide defenses precluding the collection of prejudgment interest. See also Topzant, 9 N.W.2d at 138 (These rules will prevent the defendant from making profit out of his wrong.). Their BuildZoom score of 108 ranks in the top 5% of 52,717 Ohio licensed contractors. Despite his resignation, he is still on the board, and he is also the lead plaintiff in the case. Thus, in order to survive a motion for summary judgment, the non-movant must show specific facts that demonstrate the existence of genuine issues for trial. Both consumers reported never obtaining a loan with Cash Advance USA. (1) The Relation of the Unpaid Invoices to the Original Contract. 1. All fact discovery must be completed by 3/11/2016. BRUNER CORPORATION is located at 800 MIRAMONTE DR, United States and is a Private limited company (Ltd.) company. Treatments for COVID-19. Travelers Casualty and Surety Company of America, Attorney at The O'Shaughnessy Law Firm LLC, (#21) NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in May 2020. A. 89 were here. Despite this change in official policy, John Balogh continued to sell the Corporation's products to R.A. Bruner after 1990. Wade v. Bruner Corporation, Court Case No. In addition, because genuine issues of material fact remain as to R.A. Bruner's knowledge that the goods in question were stolen, we reverse the district court's decision denying relief on the RICO, WOCCA, and civil conspiracy claims, and we remand for further proceedings on these claims. There is significant evidence pointing toward the opposite conclusion. On average, employees at Bruner stay with the company for 4.5 years. Topzant v. Koshe, 242 Wis. 585, 9 N.W.2d 136, 138 (1943) (If it appears that the defendant, in case of conversion, has sold the chattels, the plaintiff may, at his election, recover as his damages the amount for which the same were sold, with interest from the time of sale to the day of trial.); see also Management Computer Serv., Inc. v. Hawkins, Ash, Baptie & Co., 196 Wis.2d 578, 539 N.W.2d 111, 121-22 (App.1995) (recognizing this rule but declining to apply it to a claim for unjust enrichment, as opposed to conversion), rev'd on other grounds, 206 Wis.2d 157, 557 N.W.2d 67 (1996). ASMIK ALVADZHYAN VS TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, ET AL. Shop By Department . Following a lawsuit brought by the Caesar Bruner and Dosar Barkus Bands in 1999, a federal court ruling stated, "Anyone who can trace his or her ancestry to the Dawes Rolls is deemed to be a member of the Seminole Nation. Finally, one place to get all the court documents we need. (ew) (Entered: 02/05/2020), (#1) COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7298988), filed by Travelers Casualty and Surety Company of America. A genuine issue of material fact exists if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Newell v. Westinghouse Elec. In support of its argument that Plaintiff breached the initial contract, Defendant presented an affidavit of a senior engineer who oversaw the project, Tony Furst. (Entered: 03/12/2020), Docket(#15) NOTICE by Plaintiff Travelers Casualty and Surety Company of America re #13 MOTION for Preliminary Injunction Exhibit F - Jones Declaration (Evenchik, Aaron) (Entered: 03/11/2020), Docket(#14) MOTION for Discovery by Plaintiff Travelers Casualty and Surety Company of America. Business Profile Bruner Corporation Heating and Air Conditioning Contact Information 3637 Lacon Rd Hilliard, OH 43026-1202 Get Directions Visit Website Email this Business (614) 334-9000 File a. (Jodka, Sara), NOTICE by Plaintiff Cameron Wade of Filing of Opt-In Consent Forms (Attachments: # 1 Exhibit 1: Opt-In Consent Form of Jason Simpson, # 2 Exhibit 2: Opt-In Consent Form of Mark Phelps, # 3 Exhibit 3: Opt-In Consent Form of Darrell Jennings, # 4 Exhibit 4: Opt-In Consent Form of John Justice, # 5 Exhibit 5: Opt-In Consent Form of Tim Harper, # 6 Exhibit 6: Opt-In Consent Form of Dennis Ooten) (Hymore, Ryan), SUMMONS Returned Executed as to Defendant Bruner Corporation. Signed on this 18th day of September, 2018. Since 1992 Vince Bruner has devoted his practice solely to work as a Plaintiff's personal injury lawyer, dedicated to assisting people injured in accidents. Even when Comtech replaced the float-style low water cut-offs with probe-style units that could not implode, the boilers would shut down when the pressure surged due to rapid fluctuations in the water level. No other deaths were reported. Both parties moved for summary judgment. (jk) (Entered: 03/10/2020), (#8) RULE 26(f) REPORT by Plaintiff Travelers Casualty and Surety Company of America. Ins. 27, Exh. This is a contract action brought in diversity by Plaintiff, Comtech Holdings, Inc. ("Comtech") seeking monetary recovery for labor, materials, and services provided to Defendant, Bruner Corporation ("Bruner"). At some point along the way, however, Balogh began offering an even greater discount of 46% below list price. See Pierringer v. Hoger, 21 Wis.2d 182, 124 N.W.2d 106 (1963). Bruner Corporation :: Ohio Southern District Court :: Federal Civil Lawsuit No. His accountant . 6. 27, Exh. Case Number: 09-RC-134079 Date Filed: 08/05/2014 Status: Closed Location: Hilliard, OH Region Assigned: Region 09, Cincinnati, Ohio Tally Issued Date:09/09/2014 . 1962(c), the Wisconsin Organized Crime Control Act (WOCCA), Wis. Stat. by Defendant Bruner Corporation. Responses due by 6/13/2016 (Attachments: # 1 Text of Proposed Order) (Hymore, Ryan) (Entered: 05/18/2016), STATUS REPORT (JOINT) REGARDING SETTLEMENT by Defendant Bruner Corporation. Defendant filed a Memorandum in Opposition to the Motion for Summary Judgment (Doc. The complaint also contained a claim for conversion. Whether or not the Plaintiff is entitled to prejudgment interest is a question of damages appropriate only after a finding that Plaintiff is entitled to some principal monetary award. Marc A. Bruner serves as Chairman of the Board, President, Chief Executive Officer, Chief Financial Officer, Treasurer, Secretary of the Company. The movant bears the initial burden of production, showing to the court what materials in the record demonstrate the lack of a genuine issue of material fact. D). BRUNER CORPORATION E-File Follow Case Number: 09-CA-145258 Date Filed: 01/28/2015 Status: Closed Location: Hilliard, OH Region Assigned: Region 09, Cincinnati, Ohio Docket Activity Items per page 1 2 Next Last The Docket Activity list does not reflect all actions in this case. (EPD) (Entered: 10/26/2015), Unopposed MOTION for Extension of Time to File New date requested 11/6/2015. denied sub nom. (Entered: 02/13/2020), DocketSet Deadlines: Answers due 2/20/2020. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order, #2 Exhibit B - Discovery Requests, #3 Exhibit C - Notice of Deposition) (Evenchik, Aaron) (Entered: 03/11/2020), (#13) MOTION for Preliminary Injunction by Plaintiff Travelers Casualty and Surety Company of America. D). 4:20-CV-01060 | 2020-09-02, U.S. Bankruptcy Courts | Other | Bruner Corporation is a mechanical contractor that provides 'Full-Service' solutions. Save 25% on a pre-paid one year subscription. Do I have a Legionnaires' Disease Lawsuit? Vince Bruner Jr. Drew Gordy Bruner. Buy fishing or hunting licenses. The appeal of a second defendant, Lukens Enterprises, Inc., was dismissed by stipulation. Wis. Stat. Doc. There is no recent news or activity for this profile. 134.01. Although neither party has referenced these provisions, the Initial Purchase Order itself contains potentially relevant "General Conditions": Given the affidavit and deposition testimony of Mr. Furst, and given the language of the Initial Purchase Order, this Court cannot conclude that there is no dispute of material fact with regard to the affirmative defenses of payment and prior breach. Additionally, Mr. Furst states that Comtech did not provide functional non-return valves, functional boiler control software, or a functional flue gas recirculation system, all of which were expected under the Initial Purchase Order. (Attachments: # 1 Appendix Jury Instructions, # 2 Appendix Decorum, # 3 Appendix Final Pre-trial Order) (ds), PRELIMINARY PRETRIAL ORDER: This case is referred to the 12/2015 SETTLEMENT WEEK. Comtech contracted to provide boilers to Bruner for an Energy Center at the John Deere plant in Rock Island, Illinois. John Balogh pleaded guilty to one count of interstate transportation of stolen goods, in violation of 18 U.S.C. FOIA Branch. Driven by a Higher Mission Bruner Corporation is Central Ohio's largest mechanical contractor providing innovative solutions for construction, HVAC service, and energy conservation. To WaterFilters.Net | Free Shipping on Orders Over $ 99 * | Contact Us | 1-888-801-7873 exact. 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All the court documents we need, phone & amp ; social media for 450M+.. Portion of the stolen goods in calculating damages and ordered R.A. Bruner company and Robert Bruner! With an outside CEO the level of a second defendant, Lukens Enterprises, Inc., was by... V. R.A. Bruner knew that the goods were stolen 124 N.W.2d 106 ( 1963 ) Sara,... Plant in Rock Island, Illinois against defendant with regard to prejudgment interest on the unpaid invoices the! Phone: Fax: E-Mail: Brayton Purcell +1 415 898 1555 Bruner... Of this case yourself, sign into PACER ( paid PACER subscription required ) the Corporation 's to! Calculating damages and ordered R.A. Bruner does not appeal this portion of the invoices. Into PACER ( paid PACER subscription required ) try cases to juries and handle appeals for which! With regard to prejudgment interest on the list prices of the statements that claimed... Fact, and he is also the lead Plaintiff in the top 5 % of 52,717 Ohio licensed.... 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