albert galatyn hill iii - sery-avocat.fr Trusts, he would need to first prove that Hill Jr. lacked those powers of appointment. Multi-Unit Residential; Residential; Hospitality A case becomes moot when the issues presented are no longer live' or the parties lack a legally cognizable interest in the outcome of the litigation. Strike 1-5, Doc. A federal court has subject matter jurisdiction over civil cases arising under the Constitution, laws, or treaties of the United States, or over civil cases in which the amount in controversy exceeds $75,000, exclusive of interest and costs, and in which diversity of citizenship exists between the parties. As Erin Hill does not contest that she lacks standing, the court grants the Rule 12(b)(1) motion to dismiss as to Erin Hill's claims. P.C. Both options are priced the same. Compl., Doc. See Lyda Hill's Unsealed Appendix, Doc. Mar. 999. Defendants contend that, insofar as they are moving to dismiss under Rule 12(b)(1) for lack of standing, Rule 12(d) does not authorize the court to convert their motion to a motion for summary judgment. EVENT; Comment: REQUEST FOR LETTERS, DocketINVENTORY AND APPRAISEMENT REMINDER, DocketNOTICE - APPEARANCE; Comment: NOTICE OF APPEARANCE OF COUNSEL FOR ALBERT G. HILL, III, DocketMOTION - WITHDRAW ATTORNEY; Comment: MOTION TO WITHDRAW AS COUNSEL, DocketPOSTED NOTICE; Served: 12/11/2017; Anticipated Server: CONSTABLE 1; Anticipated Method: CONSTABLE; Actual Server: CONSTABLE 1; Returned: 12/12/2017; Comment: RTN: 12/12/17, DocketWILL; Comment: ORIGINAL WILL DATED: 12-20-14 DOD: 12-2-17 AGE: 72, DocketISSUE POSTED NOTICES; Comment: COURT RTN: 12/25/2017, FinancialFinancial info for MILLER, TYREE B. : CREDIT CARD - TEXFILE (CC); Receipt # PR-2017-23318; MILLER, TYREE B. Ins. Strike 1, Doc. It does not, however, authorize conversion of a Rule 12(b)(1) motion to dismiss for lack of jurisdiction into a motion for summary judgment. The Hill Jr. The court is also seriously considering imposing sanctions on Hill III's attorneys pursuant to 28 U.S.C. Federal courts are courts of limited jurisdiction and must have statutory or constitutional power to adjudicate a claim. 1986) (affirming district court's dismissal with prejudice based on lack of standing); Westfall v. Miller, 77 F.3d 868, 871 (5th Cir. Compl., Doc. 1883 at 6 (July 3, 2018 Memorandum Opinion and Order). Dallas oil heir Albert G. Hill III is now resisting the entry of that judgment in a trial court by claiming that the appellate justices got it wrong. They also assert, because this action arises after May 14, 2010 [the date of the GSA], arises out of the GSA, and involves implementation and enforcement of the GSA and the Final Judgment, it is properly and necessarily brought here. Id. FinancialFinancial info for LIPPE, EMIL, Jr : PAYMENT (CASE FEES); Receipt # PR-2021-00574; LIPPE, EMIL $24.00, FinancialFinancial info for LIPPE, EMIL, Jr : Transaction Assessment; ; $24.00, FinancialFinancial: LIPPE, EMIL, Jr ; Total Financial Assessment $24.00 ; Total Payments and Credits $24.00, DocketMISC. ' Id. In 2008, the family sold Margaret Hunt Hill's company, Hunt Petroleum, to XTO Energy for $4.2 billion. Factual Background and Procedural History Because this case is the subject of a prior memorandum opinion, Full title:ALBERT G. HILL, III and ERIN NANCE HILL, Plaintiffs, v. THE ESTATE OF, Court:United States District Court, Northern District of Texas. (quoting Venture Assocs. 22 at 662-64. Hilllost his appeal in litigation with his sisters over a dispute about their fathers will. Eckland Consultants, Inc. v. Ryder, Stilwell Inc., 176 S.W.3d 80, 87 (Tex. Dismiss 17, Doc. ALBERT G. HILL, III, . . Here, as the Hill Jr. United States ex rel. The Judges overseeing this case are WARREN, INGRID and MONROE, LINCOLN. PDF Albert G. Hill, Iii, 3:07-cv-2020-l Orig Proc: No . The Hill Jr. On this record, the court agrees with Lyda Hill that the doctrine of judicial estoppel bars Hill III and Erin Hill from now taking the inconsistent position that Hill Jr. and Lyda Hill do not have a power of appointment, a sine qua non to Plaintiffs' claims challenging Lyda Hill's ability to dissolve her separate trusts, should she wish to do so. The party invoking federal jurisdiction bears the burden of establishing that he, she, or it has standing. Corp., 987 F.2d 429, 431 (7th Cir. For these reasons, in the alternative to dismissing Plaintiffs' claims against Lyda Hill for lack of subject matter jurisdiction, the court will dismiss their claims pursuant to Federal Rule of Civil Procedure 12(b)(6), as Plaintiffs are judicially estopped from asserting their claims herein against Lyda Hill. 2007); Martin K. Eby Constr. 1876. 28. Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms. YouTube Encyclopedic. According to Plaintiffs: The Hill Jr. This latest chapter, however, is the last chapter. In the event, however, that the appellate court holds that Plaintiffs have standing, the court addresses certain aspects of the pending motions to dismiss based on Rule 12(b)(6), specifically Defendants' respective arguments that Plaintiffs are estopped from asserting their claims. Iqbal, 556 U.S. at 679. 1877. 999 at 22-23. Margaret Hunt Hill (19152007) was an American heiress and philanthropist. Leave of court to amend should not be allowed for a party to act in bad faith, cause undue delay, or pursue amendments that are futile. In her reply brief, Lyda Hill notes that Plaintiffs mischaracterize a Probate Court order described in her motion. Grp. They further argue that attaching or referring to documents alone is not a sufficient basis to convert a motion to dismiss into a summary-judgment motion under Rule 56. Id. Accordingly, he is not now, nor will he ever be, a current beneficiary of the Hill Jr. See, e.g., Cutrera v. Board of Sup'rs of Louisiana State Univ., 429 F.3d 108, 113 (5th Cir. 1-2 at 10 Art. Rule 12(b)(6) of the Federal Rules of Civil Procedure, Rule 15(a)(2) of the Federal Rules of Civil Procedure. If you do not agree with these terms, then do not use our website and/or services. Back on November 8, 2007, Albert G. Hill III sued his father, his sisters, his aunts, and Tom Hunt over the management of Hunt Petroleum and the family's trusts. Dismissal for lack of subject matter jurisdiction or standing is usually without prejudice, while dismissal for failure to state a claim is with prejudice. on the assumption that all the allegations in the complaint are true (even if doubtful in fact). Id. It can be equipped by level 75 Warrior, Paladin, Dark Knight, and Rune Fencer. 1. III'S CONTESTING THE DECEDENT'S WILL, ORDER - DENY; Comment: ORDER DENYING ALBERT G. HILL,III'S MOTION FOR CERTIFICATION OF ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER GRANTING SEVERANCE FOR INTERLOCUTORY APPEAL, RESPONSE; Comment: MOTION FOR CERTIFICATION OF ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER GRANTING MOTION FOR SEVERANCE FOR INTERLOCUTORY, CORRESPONDENCE - LETTER TO FILE; Comment: ATTORNEY GENERAL'S NOTIFY LETTER. The law is clear in this Circuit that claims that are not properly raised in the complaint, but only in response to a dispositive motion, are not properly before the court. 2020-01-27, Dallas County District Courts | Other | In addition to parsing through the terms of the trusts, the court is required, yet again, to revisit the Global Settlement and Mutual Release Agreement (the GSA) and the final judgment (the Final Judgment) issued on November 8, 2010, by the Honorable Reed O'Connor (Judge O'Connor) of the United States District Court for the Northern District of Texas (Dallas Division) in the lawsuit styled Hill v. Hunt et al., Civil Action No. 1993)). (citations omitted). albert galatyn hill iii. Co., 243 F.3d 912, 919 (5th Cir. Moreover, no reasonable person would have contemplated that Hill III related litigation that was settled by the GSA and Final Judgment in 2010 would be occurring almost 12 years later. In their current lawsuit, Plaintiffs, once again, assert the same claims that the court denied without prejudice on July 3, 2018, when it deferred to the Probate Court before which identical claims were pending. 1996), rev'd on other grounds, 113 F.3d 1412 (5th Cir. Comm'n v. Faulkner, Civil Action No. 2020 Action, Doc. Sch. Id. Defs.' ' Id. He was 72. App.-Houston [14th Dist.] C. Rule 12(b)(6) Motions to Dismiss Based on Estoppel. 2007) (citing Cinel v. Connick, 15 F.3d 1338, 1343 n.6 (5th Cir. 1991, no writ). Trusts due to the Waiver of Standing Clause: Once Hill Jr. executed his Will in 2014 dictating that, upon his death, his powers of appointment over his equitable interests in the Hill Jr. 1986). App.-Eastland 2010, pet. For the reasons that follow, the court denies both Plaintiffs' Motion to Strike and their associated request that the court convert the pending motions to dismiss into motions for summary judgment. Hill Jr. As previously explained, Hill III contractually agreed in the GSA, which was incorporated into the Final Judgment, that Hill Jr.'s Disclaimer was valid and enforceable. Margaret Hunt Hill was born on October 19, 1915, in Lake Village, Arkansas. The court will also take judicial notice of matters of public record. 2000). Why is this public record being published online? at 11. She states: This June 2011 Probate Court order permitted the trustees of Lyda's separate trusts to voluntarily terminate the trusts - It did not order the termination of the trusts at the time as Plaintiffs misleadingly contend. Id. (citation omitted). Home [vishaltandel.in] Albert Galatyn Hill, Sr. Children: 3, including Lyda Hill: Parent(s) H. L. Hunt and Lyda Bunker: Margaret Hunt Hill (1915-2007) was an American heiress and philanthropist. After more than three decades in Chase Tower, the Dallas Petroleum Club has inked a 15-year lease to move into Hunt's HQ, across from Klyde Warren Park. Horton, Inc., 699 F.3d 812, 820 & n.9 (5th Cir. Trusts and the Lyda Hill Trusts, and to prevent dissipation, concealment, and further transfer of such assets, and preservation of all records relating to such trusts and actions affecting them. Defendants and Lyda Hill each incorporated the other's briefing by reference, the court will consider the motions in tandem. Co. v. Dallas Area Rapid Transit, 369 F.3d 464, 467 (5th Cir. Great Plains Trust Co. v. Morgan Stanley Dean Witter, 313 F.3d 305, 312 (5th Cir. Albert Galatyn Hill Sr. (1904-1988) married Margaret Hunt, a daughter of H.L. albert galatyn hill iii About Us| 999 at 20, 8.i; Doc. 2020 Action, Doc. and Mot. 2003) (citation omitted). Freeze-Related Lease Litigation: The Growing Storm in the Oil Patch, Consequential and Direct Damages in Spotlight Amid Energy Firms' Insurance Spat, 'Choppiness' in Demand Led to 2% Drop in Revenue at Locke Lord in 2022, New Phase of EPA's Renewable Fuel Standard Program: Updated Targets for 2023 - 2025 and New Credit System for EVs, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. See Hill v. Schilling, 495 Fed.Appx. 945 at 6-7. 7. 2004); Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. It is well-established and clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record. Contest Clause from the GSA, ordered Hill III and Erin Hill (in all their capacities) and the Grandchildren not to contest Hill Jr.'s will or challenge the disposition of his property: Finally, consistent with the Settlement Agreement, Judge O'Connor retained continuing jurisdiction over the implementation and enforcement of the Final Judgment. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, WORKERS COMPENSATION ATTORNEY - Hartford, CT, Offering an Opportunity of a Lifetime for Personal Injury Lawyers, What Does Your Business Agreement Really Mean? Also, on May 29, 2018, in the 2020 Action, Hill III filed his own motion to enforce the GSA and Final Judgment, contending that the Hill Jr. 1996). 2008) (Estoppel . Al III, who talks openly about his faith and describes himself as a community advocate, says he sued Tom, his father and other relatives as a matter of principle. Under the doctrine of quasi-estoppel (or estoppel by contract), they contend it is prejudicial to Defendants and inequitable for Hill III to contend today (after receiving a nine-figure monetary amount in consideration through the GSA and Final Judgment) that Hill Jr. did not have powers of appointment in the Hill Jr. at 18. Finally, one place to get all the court documents we need. Mootness may be raised by any party at any time because, if the controversy is moot, federal courts lack subject matter jurisdiction. The documents outline the wills he will execute, and which of the dozens of interrelated famil. 1977); Doe v. Hillsboro Indep. Fifth Circuit Tells Albert G. Hill III to Stop Challenging His Fathers Will. Al Jr. was the son of. See, e.g., Baton Rouge Building & Constr. Dallas most important news stories of the week, delivered to your inbox each Sunday. ' Funk, 631 F.3d at 783 (quoting Norris, 500 F.3d at 461 n.9) (citation omitted); see also Cinel, 15 F.3d at 1341, 1343 n.6 (court may consider matters of public record, including a consent judgment, in deciding a Rule 12(b)(6) motion). Galatyn (, Garatn? The Final Judgment also partitioned portions of the MHTE and HHTE into separate trusts for Lyda Hill, who became the sole current beneficiary of separate one-third shares of each of the MHTE and HHTE trusts. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Co., 512 F.3d 177, 180 (5th Cir. when a narcissist wants you back albert galatyn hill iii. See Hill Jr. In reviewing a Rule 12(b)(6) motion, the court must accept all well-pleaded facts in the complaint as true and view them in the light most favorable to the plaintiff. Further, a court is not to strain to find inferences favorable to the plaintiff and is not to accept conclusory allegations, unwarranted deductions, or legal conclusions. Abraham Alfonse Albert Gallatin (January 29, 1761 - August 12, 1849) was a Genevan - American politician, diplomat, ethnologist and linguist. As the court will not consider any other documents in ruling on the pending Rule 12(b)(6) motions, the court denies Plaintiffs' request that the court convert the pending Rule 12(b)(6) motions to dismiss into summary judgment motions. 2022-12-21, Dallas County Texas Courts | Probate | Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. Carr v. Saucier, 582 F.2d 14, 15 (5th Cir. In determining whether to allow an amendment of the pleadings, a court considers the following: undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, [and] futility of amendment. Foman, 371 U.S. at 182; Schiller v. Physicians Res. 31. Dallas Petroleum Club Will Move to Hunt Building in January 2023. LexisNexis and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. 1-2 at 10-11, Art. generally prevents one party from misleading another to the other's detriment or to the misleading party's own benefit.) (citations omitted). Attorney(s) appearing for the Case. 2004, no pet.). Compl., Doc. Albert Galatyn Hill Jr (born 1945) - Dallas County, Texas III 3 (HHTE) (emphasis added). Although Rule 12(f) authorizes the court to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter, Rule 7(a) identifies the pleadings subject to being stricken under Rule 12(f): (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer. Id. 212-2 at 10, 18. Trusts under the Waiver of Standing clause. As Plaintiffs use the full names of their three children, the court will do the same. 2010) (citation omitted); see also Ulico Cas. Margaret Hunt Hill Wikipedia Republished // WIKI 2 . Standing to sue is a doctrine rooted in the traditional understanding of a case or controversy. Spokeo, Inc. v. Robins, 578 U.S. 330, 338 (2016). In his will, Hassie exercised his general testamentary power of appointment in the HHTE in favor of the lineal descendants of my sister Margaret Hunt Hill, per stirpes. 2020 Action, Doc. Quasi-estoppel forbids a party from accepting the benefits of a transaction and then subsequently taking an inconsistent position to avoid corresponding obligations or effects. Lyda Hill's Motion to Dismiss Based on Judicial Estoppel. The doctrine of mootness is embedded in Article III's case or controversy requirement and requires that an actual, ongoing controversy exist at all stages of federal court proceedings. Trusts that were supposed to be preserved by the Final Judgment had been prematurely and unlawfully terminated by Hill Jr. and his cohorts, thereby destroying the valuable inheritance of Hill III and his descendants, from the H.L. Hill III brought a lawsuit in Texas state court in his individual capacity This lawsuit filed by Hill III and Erin Hill-the latest chapter in this protracted and complicated litigation, Hill, 953 F.3d at 301 (citation and internal punctuation omitted)-brings to mind the oft-quoted words of Yogi Berra, It's like dj vu all over again. Nate Scott, The 50 Greatest Yogi Berra Quotes, USA Today (March 28, 2019), https://ftw.usatoday.com/2019/03/the-50-greatest-yogi-berra-quotes (last visited March 24, 2022). Make your practice more effective and efficient with Casetexts legal research suite. Plaintiff opposes the grant of a motion to stay because it is not warranted under existing legal standards and is being sought here for reasons inconsistent . Thus, as Hill III released these claims, he lacks standing to raise them in this civil action. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 2005). v. National Collegiate Athletic Ass'n, 751 F.3d 368, 378 (5th Cir. For the reasons that follow, the court will deny Plaintiffs' request. Don Donnally, Jr. (Donnally), individually and in his capacity as the court appointed trustee for the MHTE-Albert G. Hill, Jr. Trust and the HLHTE-Albert G. Hill, Jr. Trust; Carol E. Irwin (Irwin), in her capacity as Personal Representative and Independent Executor of the Estate of Ivan Irwin, Jr., Deceased; Thomas P. Tatham (Tatham), individually and in his capacity as an advisory board member for the MHTE-Albert G. Hill, Jr. Trust and the HLHTE-Albert G. Hill, Jr. Trust; Heather Hill Washburne (Washburne), individually and as an advisory board member for the MHTE-Albert G. Hill, Jr. Income Beneficiary/Heather Termination Beneficiary Trust; Elisa Hill Summers (Summers), individually and as an advisory board member for the MHTE-Albert G. Hill, Jr. Income Beneficiary/Elisa Termination Beneficiary Trust; and Lyda Hill. Resp. In the GSA, and as confirmed by the Final Judgment, Hill III covenanted not to reassert any released claims against Lyda Hill. They make similar allegations against Lyda Hill. 2020 Action, Doc. See 2020 Action, Doc. R. Civ. See generally Pls.' The Margaret Hunt Hill Bridge in Dallas, designed by Santiago Calatrava, is named in her honor. Law Offices of Gary Martin Hays & Associates On May 29, 2018, Washburne and Summers filed a motion in the 2020 Action seeking to enjoin Hill III from (1) contesting the Will, (2) challenging the disposition of Hill Jr.'s property in violation of the No. 999 at 7-9, 8.a, 9.a. Often described as "America's Swiss Founding Father ", [3] [4] he was a leading figure in the early years of the United States, helping shape the new republic's financial system and foreign policy. App.-Fort Worth 2012, no pet.). Defendants contend that Hill III is estopped from contending Hill Jr. does not have powers of appointment in the Hill Jr. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Early life - db0nus869y26v.cloudfront.net Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Albert G. Hill III . In her motion to dismiss, Lyda Hill notes that Plaintiffs' Complaint is replete with references to the underlying settled federal and state court litigation . In addition, in light of the court's determination that Plaintiffs are estopped from bringing their claims, either under a theory of judicial estoppel or quasi-judicial estoppel, any amendment would be futile. Albert Hill Obituary (1945 - 2017) - Dallas, TX - Dallas Morning News See Burke v. Barnes, 479 U.S. 361, 363 (1987). Case Details Parties Documents Dockets. 1990, no writ)). The court noted that Hill III's failure to disprove the validity of Hill Jr.'s Powers of Appointment would bar him as a matter of law from seeking relief regarding dissolution of the Hill Jr. Join Texas Lawyer now! Specifically, Hill Jr. disclaimed 75% of his one-third income interest in the MHTE, and 90% of his one-third termination interest in the MHTE (the Disclaimed Beneficial Interests). ' Funk v. Stryker Corp., 631 F.3d 777, 783 (5th Cir. 2 in In re Estate of Haroldson L. Hunt, Jr., Deceased, Cause No. Sepulvado v. Louisiana Bd. Defendants correctly note, the filings at issue are motions, not pleadings. License our industry-leading legal content to extend your thought leadership and build your brand. Accordingly, Hill III has no standing, or any viable basis, for pursuing the claims in the Complaint. Although Defendants do not specify, the court concludes this case primarily concerns injury in fact, the [f]irst and foremost of standing's three elements. Al Hill III Buys a $9 Million Dollar Home in Atlanta 29Fifty Apartments careers complete history | JobSearcher Pursuant to Federal Rule of Civil Procedure 12(f), Plaintiffs move to strike the pending motions to dismiss. The Hill Jr. Riley v. St. Luke's Episcopal Hosp., 355 F.3d 370, 376 (5th Cir. 2, Dallas County, Texas (the Estate Action), seeking to admit the Will to probate, and to appoint an independent executor. In December 2007, Hill III brought a lawsuit in Texas state court in his individual capacity and on behalf of the MHTE and HHTE against specific beneficiaries of the MHTE and HHTE, including his father (Hill Jr.), Hill Jr.'s siblings, and the trustees and members of the advisory boards of the MHTE and HHTE. Dj vu is defined as, among other things, a feeling one has seen or heard something before, and as something overly or unpleasantly familiar. Merriam-Webster's Collegiate Dictionary 329 (11th ed. Plaintiffs themselves state in their Response at heading F: The Parties Agreed that this Action Must be Brought in this Court. Pls.' 21. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, IV 3 (MHTE); Exhibit C to Pls.' albert galatyn hill iii. Hunt Dallas entrepreneur and philanthropist Al G. Hill Jr. died in his sleep at his Highland Park home in December 2017, family members said. The move is hardly a surprise, given the years Hill has spent battling a number of former attorneys who helped him access his trust fund in litigation that settled globally for Don't miss the crucial news and insights you need to make informed legal decisions. In contrast to the recognition of Hill Jr.'s 2005 Disclaimer, Plaintiffs agreed on behalf of themselves and their children, in the GSA and as confirmed in the Final Judgment that there is no disclaimer by Lyda to the MHTE or HHTE, and agree[d] that they shall not, and they are hereby ORDERED not to, assert any claims, cause of action, count, or counter-claim to the contrary. 2020 Action, Doc. douglas county oregon firewood permit. Likewise, Erin Hill favored the asset protection trust alternative alone rather than coupling that approach with the purchase of a life insurance policy with their children as beneficiaries, objecting that Hill III essentially would lose his independent appointment power and he would have to pay to assure that loss, making him the only trust beneficiary paying for the right to forgo a power. Updated: June 20, 2015 Albert Galatyn Hill JrAlbert Hill(born 1945) Jump to: BiographyFamily Photos 2012) (consolidated appeal). Hill III opposes the motions. Albert Galatyn Hill IV. 999 at 12-13, 8.f.i and 8.f.ii; Doc. On October 2, 2013, the 2020 Action was reassigned to the undersigned following the recusal of Judge O'Connor (who had presided over the matter for approximately sever years), which was followed by the recusals of Judges Lynn, Solis, Godbey, Boyle, Fitzwater, and Kinkeade.
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