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In re McGOVERN. (Supreme Court, Appel MAYER, Respondent, v. CITY OF NEW late Division, First Department. April 30, 1909.) YORK, Appellant. (Supreme Court, Appellate In the matter of John McGovern, deceased. Nó Division, Second Department. April 23, 1909.) opinion. Motion granted, with $10 costs. Oro Action by Jennie C. Mayer against the city of der filed.

New York. No opinion. Judgment and order

unanimously affirmed, with costs. MCINTYRE, Appellant, V. BURNS, Respondent. (Supreme Court, Appellate Division, MAYER, Respondent, V. JONES et al., ApFirst Department. May 1, 1909.). Action by pellants. (Supreme Court, Appellate Division, Michael McIntyre against Michael F. Burns. Second Department. April 23, 1909.) Action A. Rosenthal, for appellant. F. Hulse, for re- by Rosalynde De Lima Mayer against Cyrus P. spondent. No opinion. Order affirmed, with Jones and others. No opinion. Motion for stay costs. Order filed.

granted, without costs. See, also, 116 N. Y.

Supp. 300. In re McMANUS' WILL. (Supreme Court, Appellate Division, Second Department. May spondent, v. O'BANNON, Appellant. (Supreme

MECHANICS' & TRADERS' BANK, Re7, 1909.) In the matter of the probate of the Court, Appellate Division, First Department. last will and testament of Elizabeth McManus, April 30, 1909.) Action by the Mechanics' & late of the county of Nassau, deceased.

Traders' Bank against J. W. O'Bannon. J. I. PER CURIAM. Decree of the Surrogate's T. Bailey, for appellant. C. E. Treadwell, for Court of Nassau county affirmed, with costs. respondent. No opinion. Order affirmed, with

HIRSCHBERG, P. J., dissents, on the ground $10 costs and disbursements. Order filed. of the conflicting findings to the effect that the deceased was of sound and disposing mind and memory and also afflicted with senile dementia MICHELS, Appellant, v. WAGNER, Reon the day the will was executed.

spondent. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action

by William H. Michels against Ernest C. WagMcTERNAN, Respondent, V. BROOKLYN

No opinion. Order of the Municipal HEIGHTS R. CO., Appellant. (Supreme Court,

Court affirmed, with costs. Appellate Division, Second Department. April 23, 1909.) Action by Patrick McTernan against

MILLER V. ÆTNA LIFE INS. CO. (Suthe Brooklyn Heights Railroad Company. No opinion. Judgment and order unanimously af-ment. April 30, 1909.) Action by Charles D.

preme Court, Appellate Division, First Departfirmed, with costs.

Miller against the Ætna Life Insurance Com

pany. No opinion. Motion granted, with $10 MAGGIO V. A. H. MEYER CO. (Supreme

costs. Order filed. Court, Appellate Division, First Department. April 30, 1909.). Action by Providenza Maggio MILLER, Appellant, V. GARDNER, Reagainst the A. 11. Meyer Company. No opinion. spondent. (Supreme Court Appellate Division, Motion granted, with $10 costs. Order filed. Second Department. Apul 23, 1909.) Action

by John Miller against John M. Gardner. No

opinion. Motion denied, with $10 costs. MAISCH, Respondent, V. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate

In re MONTANYE. (Supreme Court, AppelDivision, Second Department. April 30, 1909.) Action by Rudolph Maisch against the city of late Division, First Department. April 30, New York. No opinion. Judgment and order 1909.) In the matter of William H. Montanye,

deceased. unanimously affirmed, with costs.

No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

ner.

MATHEWS, Respondent, v. SCHONWALD, MOORE, Respondent, V. GRANT et_al., ApAppellant. (Supreme Court, Appellate Division, pellants. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Second Department. April 23, 1909.) Action Townsend Mathews against Margaretha Schon- by Hugh Moore against Eugene J. Grant and wald. No opinion. Motion denied, with $10 another. No opinion. Motion denied. costs.

MOOT, Respondent, v. PHOENIX INS. CO MATTHEWS et al., Appellants, V. HALL, OF HARTFORD, CONN., Appellant. (SuRespondent. (Supreme Court, Appellate Divi- preme Court, Appellate Division, Third Departsion, First Department. April 23, 1909.) Acment. May 5, 1909.) Action by Floyd Moot tion by William H. Matthews and another against the Phænix Insurance Company of against Thomas Hall. D. T. Kimball, for ap Hartford, Conn. No opinion. Judgment unani. pellants. J. Kearney, for respondent.

mously affirmed, with costs. PER CURIAM. Judgment affirmed, with costs. Order filed.

MORAN, Respondent, v. NEW YORK & Q. INGRAHAM, J., dissents.

C. RY. CO. et al., Appellants. (Supreme

Court, Appellate Division, Second Department. I road, Light & Power Company. No opinioa. April 23, 1909.) Action by James D. Moran Judgment and order unanimously affirmed, with against the New York & Queens County Rail-costs. See, also, 110 App. Div. 769, 97 N. I. way

Company and another. No opinion. Supp. 420. Judgment and order unanimously affirmed, with costs.

In re NE SON. (Supreme Court, Appellate

Division, Second Department. April 30, 1902. MOWBRAY, Appellant, v. DE FOREST, Re- In the matter of the application of George M. spondent. (Supreme Court, Appellate Division, Nelson for admission to the bar. No opinion. First Department. May 7, 1909.) Action by Application granted. William E. Mowbray against William H. De Forest, Jr., impleaded. H. Parsons, for appellant. H. R. Limburg, for respondent. Ņo opin. co. et al., Appellants.

NEWMAN, Respondent, v. OAKS HOTEL ion. Judgment affirmed, with costs. Order filed. pellate Division, Third Department.

(Supreme Court, Ap.

May 5,

1903.) Action by Frederick W. Newman MULLER, Respondent, v. CONEY ISLAND against the Oaks Hotel Company and another. & B. R. CO., Appellant.” (Supreme Court, Ap- No opinion.. Judgment and order unanimously pellate Division, Second Department. April

affirmed, with costs. 30, 1909.) Action by Annie Muller against the Coney Island & Brooklyn Railroad Company. NORTHERN INS. CO. OF NEW YORK, No opinion. Judgment and order unanimously Respondent, v. WOOD et al., Appellants. (Suaffirmed, with costs.

preme Court, Appellate Division, First Department. April 30, 1903.) Action by the North

ern Insurance Company of New York against MULLER, Respondent, v. CONEY ISLAND Henry P. Wood and another. R. F. Randal. & B. R. CO., Appellant. (Supreme Court, Ap. for appellants. L. Levy, for respondent. No pellate Division, Second Department. April 30, opinion. Order affirmed with $10 costs and 1909.) Action by Wilhelm Muller against the disbursements. Order filed. Coney Island & Brooklyn Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs.

In re O'BRIEN. (Supreme Court, Appellate Division, First Department. April 16, 1919

In the matter of Arthur F. O'Brien. No opisMURPHY, Appellant, v. KEENEY, Re- ion. Order affirmed, with $10 costs and disspondent. (Supreme Court, Appellate Division, bursements. Order filed. First Department. April 30, 1909.) Action by Delia A. Murphy against Frederick C. Keeney, as administrator. J. Ewen, for appellant. H. O'BRIEN et al., Respondents, V. THOMAS F. Stone, for respondent. No opinion. Order et al., Appellants. (Supreme Court, Appellate affirmed, with $10 costs and disbursements. Or- Division, First Department. April 16, 1919.) der filed.

Action by John O'Brien and another against

Edward Ř. Thomas and another. R. A. Irring, MURRAY, Respondent, V. NEW YORK for appellants. J. W. Browne, for respondents CENT. & H. R. R. CO., Appellant." (Supreme No opinion. Order affirmed, with $10 costs and Court, Appellate Division, Third Department. disbursements. Order filed. May 5, 1909.) Action by Joseph Murray against the New York Central & Hudson River Railroad Company.

OETJEN V. CITY OF NEW YORK et al.

(Supreme Court, Appellate Division, Second De PER CURIAM. Order affirmed, with $10 partment. May 7, 1909.). Action by Leo Oet: costs and disbursements.

jen, an infant, etc., against the city of New SMITH, P. J., and KELLOGG, J., dissent. York and others. No opinion. Judgment and

order unanimously affirmed on reargument,

without costs. MYERS, Respondent, v. HERZOG et al., Appellant. (Supreme Court, Appellate Division, First Department. April 16, 1909.) Action by

OFNER, Respondent, v. GUINZBURG, ApKatherine I. Myers against Ellen T. Herzog pellant. (Supreme Court, Appellate Divisica. and another. D. E. Peck, for appellants. J. First Department. April 30, 1909.) Action by G. Fenster, for respondent. No opinion. Order Josephine Ofner against Fernando M. Guinzaffirmed, with $10 costs and disbursements, on burg. J: C. Guggenheimer, for appellant. A Brooks v. Tiffany, 117 App. Div. 470, 102 N. Ofner, for respondent. No opinion. Order Y. Supp. 626, and Backes v. Mechanics' & affirmed, with $10 costs and disbursements. ON Traders' Bank (Sup.) 114 N. Y. Supp. 459. Or- der filed. der filed.

In re O'REILLY. (Supreme Court, Appel NEARY, Respondent, v. CITIZENS' R., late Division, Second Department. April 13, LIGHT &'POWER CO., Appellant. (Supreme 1909.) In the matter of the application to re Court, Appellate Division, Second Department. voke letters testamentary issued to Frank E April 30, 1909.) Action by Sarah Neary, as ad- O'Reilly, as executor of Arthur J. Heaney, de

Motion denied, without costs. See, also, 59 of New York against Charles Baker. No opinMisc. Rep. 136, 112 N. Y. Supp. 208.

ion. Motion denied on terms stated in order,

Order filed. In re O'REILLY. (Supreme Court, Appellate Division, Second Department. April 23, (Supreme Court, Appellate Division, First De

PEOPLE, Respondent, v. BLINN, Appellant. 1909.) In the matter of the application to reroke letters testamentary issued to Frank E. partment, April 23, 1909.) Proceedings by O'Reilly, as executor of Arthur J. Heaney, de- the people of the state of New York against ceased, and to remove him as testamentary trus- Francis G. Blinn. A. H. Stephens, for appellant. tee under the last will and testament of Arthur R., C. Taylor, for the People. No opinion, J. Heaney, deceased. No opinion. Motion de- Judgment and orders affirmed on People v. Connied, with $10 costs. See, also, 59 Misc. Rep. rad, 102 App. Div. 567, 92 N. Y. Supp. 606, and 136, 112 N. Y. Supp. 208.

182 N. Y., 529, 74 N. E. 1122. Order filed.

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ORMOND & O'BRIEN, Respondents,

PEOPLE, Respondent, v. CAMPBELL, ApCOHN CUT STONE CO., Appellant. (Supreme

pellant. (Supreme Court, Appellate Division, Court, Appellate Division, Second Department. Third Department. May 5, 1909.) Proceedings April 23, 1909.) Action by Ormond & O'Brien by the people of the state of New York against against the Cohn Cut Stone Company. No Antoine J. Campbell. No opinion. Judgment opinion. Judgment of the Municipal Court af- affirmed. firmed, with costs.

PEOPLE v. COHEN. (Supreme Court, ApPAGE, Respondent, V. NOWAK, Appellant. pellate Division, First Department. April 16, (Supreme Court, Appellate Division, Second De: 1909.). Proceedings by the people of the state of partment. April 23, 1909.) Action by Emmett New York against Hyman Cohen. No opinion.

Motion denied. D. Page against David Nowak.

PER CURIAM. Judgment of the Municipal Court reversed, and new trial ordered, costs to PEOPLE v. DUFFY et al.' (Supreme Court, abide the event, on the ground that there was Appellate Division, First Department. April no proof of agency in the wife, and therefore 16, 1909.), Proceedings by the people of the no contract was proved.

state of New York against Frank Duffy, impleaded. No opinion. Motion denied upon

condition that appellant have his appeal ready PANOULIAS, Appellant, V. SIGRIST, Re- for argument at May term. Order filed. spondent. (Supreme Court, Appellate Division, First Department. May 7, 1909.) Action by Panayiotis Panoulias against Frederick Sigrist. pellate Division, First Department. April 30,

PEOPLE v. KAHN (Supreme Court, ApG. H. Taylor, Jr., for appellant. for respondent. No opinion. Judgment and of: 1909.) Proceedings by the people of the state der affirmed, with costs. Order filed.

of New York against Samuel Kahn. No opinion. Motion granted. Order filed

PASCUAL, Respondent, v. BROWN, Appel PEOPLE V. PRAMO.' (Supreme Court, An lant. (Supreme Court, Appellate Division, Sec- pellate Division, First Department. April 30, ond Department. April 23, 1909.) Action by 1909.) Proceedings by the people of the state William V. Pascual against J. Cornell Brown. of New York against James Pramo. No opinNo opinion. Judgment of the Municipal Court ion. Motion granted. Order filed. affirmed, with costs.

PEOPLE v. SHERIFF. (Supreme Court, PEACE et al., Respondents, v. WALLACE Appellate Division, First Department. April TRANSP. CO., Appellant. (Supreme Court, 30, 1909.) Proceedings by the people of the Appellate Division, Second Department. April state of New York against Alexander Sheriff. 23, 1909.). Action by Harry B. Peace and an- No opinion. Motion granted. Order filed. other against the Wallace Transportation Company. No opinion. Judgment and order affirmed, with costs.

PEOPLE, Respondent, V. TRANSIT DE

VELOPMENT CO., Appellant. (Supreme PENN DRUG CO., Appellant, v. E. C. Mc-Court, Appellate Division, Second Department. KALLOR DRUG CO., Respondent. (Supreme April 23, 1909.) Proceedings by the people of Court, Appellate Division, Third Department. the state of New York against the Transit DeMay 5, 1909.) Action by the Penn Drug Com- velopment Company. No opinion. Motion de pany against the E. C. McKallor Drug Com- nied. See, also, 115 N. Y. Supp. 297. pany. No opinion. Judgment affirmed, with costs.

PEOPLE, Respondent, v. WASHOR, Appel

lant. (Supreme Court, Appellate Division, First PEOPLE V. BAKER. (Supreme Court, Ap- Department. May 7, 1909.) Proceedings by. pellate Division, First Department. April 30, the people of the state of New York against 1909.) Proceedings by the people of the state Meyer Washor. A. J. Levy, for appellant. R.

S. Johnstone, for the People. No opinion. Judg-1 1909.) Proceedings by the people of the state ment affirmed, Order filed.

of New York, on the relation of James B. Kel. logg, against Jesse D. Frost, agent, etc. J. S.

Bernstein, for appellant. R. S. Johnstone, for PEOPLE, Respondent, v. WEISS, Appellant. respondent. No opinion. Order affirmed, with (Supreme Court, Appellate Division, Second De- $10 costs and disbursements. Order filed. partment. April 30, 1909.) Proceedings by the people of the state of New York against Julius Weiss. No opinion. Motion granted. PEOPLE ex rel. KOSTER, Appellant, . See, also, 129 App. Div. 671, 114 N. Y. Supp. BUTLER, Com'r, Respondent. (Supreme Court

. 236.

Appellate Division, First Department, April 16.

1909.) Proceedings by the people of the state of PEOPLE ex rel. BRADLEY, Respondent, v.

New York, on the relation of Louis M. Koster, BESCH, Sheriff, Appellant. (Supreme Court, L. M. Koster, for appellant. T. Connoly, for

against Edmond J. Butler, commissioner, etc. Appellate Division, Third Department. 5, 1909.) Proceedings by the people of the respondent. No opinion. Orders affirmed, with state of New York, on the relation of James $10 costs and disbursements. Order filed. Bradley, against Joseph Besch, as sheriff, etc. No opinion. Order reversed, and relator remanded to the custody of the defendant, on the

PEOPLE ex rel. MATHESON LEAD CO. F. authority of People ex rel. Dauchy v. Pitts, 118 KELSEY. (Supreme Court, Appellate Division. App. Div. 457, 103 N. Y. Supp. 258.

Third Department. May 5, 1909.) Proceedings by the people of the state of New York, on tbe

relation of the Matheson Lead Company, against PEOPLE ex rel. CUNNINGHAM V. BING- Otto Kelsey, as Comptroller of the state of New HAM, Police Com'r. (Supreme Court, Appellate York. No opinion. Determination unanimousDivision, Second Department. April 23, 1909.) ly confirmed, with $50 costs and disbursements Proceedings by the people of the state of New York, on the relation of John W. Cunningham, against Theodore A. Bingham, as police commis PEOPLE ex rel. O'DONNELL v. BOGART. sioner, etc. No opinion. Motion granted, with Com'r. (Supreme Court, Appellate Division, out costs, on condition that the respondent pay First Department. May 7, 1909.) Proceedings to the relator all the expense which may be by the people of the state of New York, on the incurred by the latter in changing the printed relation of Charles O'Donnell, against Jobo X. record to conform with the amendment. Bogart, as commissioner. J. F. Harrington,

for relator. T. Farley, for respondent. No

opinion. Writ dismissed, with $50 costs and PEOPLE ex rel. GARRISON, Appellant, v. disbursements. Settle order on notice. PYE et al., Respondents. (Supreme Court, Appellate Division, Second Department. April 30, 1909.) Proceedings by the people of the state PEOPLE ex rel. SCHUPNER v. PYE et al. of New York, on the relation of Charles S. (Supreme Court, Appellate Division, Second De Garrison, against Isaac E. Pye and others, as partment. April 30, 1909.) Proceedings by the town' board of audit of the town of Orange the people of the state of New York, on the re town, Rockland county. No opinion. Writ of lation of Martin Schupper, against Isaac E. Pye certiorari dismissed, with $50 costs and dis- and others, as the town board of audit of the bursements.

town of Orangetown, Rockland county. No

opinion. Writ of certiorari dismissed, with $30 PEOPLE ex rel. _GRIMSHAW, Appellant, costs and disbursements. V. PRENDERGAST, Respondent. (Supreme Court, Appellate Division, Second Department. May 7, 1909.) Proceedings by the people of the state of New York, on the relation of William (Supreme Court, Appellate Division, First De

PEOPLE ex rel. STEWART V. AHEARX. A. Grimshaw, against William A. Prendergast; partment. April 8, 1909.) Proceedings by the register of Kings county. No opinion. Order people of the state of New York, on the relatioa affirmed, with $10 costs and disbursements.

of John H. Stewart, against John F. Abean,

president, etc. M. C. Fleming, for relator. T. PEOPLE ex rel. HACKETT v. BINGHAM, Connoly, for respondent. No opinion. Writ Police Com'r. (Supreme Court, Appellate Divi: dismissed, and proceedings affirmed, with $50 sion, Second Department. April 30, 1909.) Pro- costs and disbursements. Order filed. ceedings by the people of the state of New York, on the relation of George W. Hackett, against Theodore A. Bingham as police commissioner, etc.

PETERSEN, Respondent, V. NEW YORK No opinion. Motion denied, CONTRACTING CO.-PENNSYLVANIA with $10 costs. See, also, 127 App. Div. 3, 111 TERMINAL, Appellant. (Supreme Court, Ar N. Y. Supp. 14.

pellate Division, Second Department. April 23.

1909.) Action by Peter Petersen_against the PEOPLE ex rel. KELLOGG, Appellant, v. New York Contracting Company-Pennsylvanis FROST, Respondent. (Supreme Court, Appel- Terminal. No opinion. Motion denied, with

PETZE, Appellant, v. LEARY, Respondent. In the matter of William F. Randel. No opin(Supreme Court, Appellate Division, Second De- ion. Motion denied. Settle order on notice. partment. April 23, 1909.). Action by Henry H. Petze against Daniel J. Leary. No opinion. Motion denied, without costs. See, also, 117 RARITO, Appellant, v. HUDSON PORTApp. Div. 829, 102 N. Y. Supp. 960.

LAND CEMENT CO., Respondent. (Supreme
Court, Appellate Division, Third Department.

May 5, 1909.) Action by Domencio Rarito PETZE, Appellant, v. STREET, Respondent. against the Hudson Portland Cement Company. (Supreme Court, Appellate Division, First De- No opinion. Order unanimously affirmed, with partment. April 16, 1909.) Action by Henry costs. A. Petze against Charles G. Street. R. Claughton, for appellant. C. Blandy, for respondent. No opinion. Order affirmed, with $10 costs and spondent, v. WIEMERS, Appellant. (Supreme

RAVENSWOOD PAPER MILL CO., Redisbursements. Order filed.

Court, Appellate Division, First Department.

April 8, 1909.) Action by the Ravenswood PaPIETSCHKER, Appellant, V. CITY OF per Mill Company against John H. Wiemers. NEW YORK, Respondent. °(Supreme Court, H. H. Maass, for appellant. M. Conboy, for reAppellate Division, First Department. April spondent... No opinion. Judgment and order af8. 1909.) Action by Frank Pietschker against firmed, with costs. Order filed. the city of New York. G. W. Alger, for appellant. T. Connoly, for respondent. No opinion. Order affirmed, with costs and disbursements. REALTY & CONST. CO., Appellant.

REGIERER, Respondent, v. MOOREHEAD Order filed.

(Supreme Court, Appellate Division, Second De

partment. April 23, 1909.) Action by Isaac PLAUT, Appellant v. STRAUB, Respondent, Regierer against the Moorehead Realty & Conet al. (Supreme Court, Appellate Division, Sec- struction Company. No opinion. Judgment of ond Department. April 23, 1909.) Action by the Municipal Court reversed, and new trial orRobert Plaut against John Straub, impleaded. dered, costs to abide the event, on the ground No opinion. Motion denied, without costs. See, that the verdict is against the weight of evialso, 115 N. Y. Supp. 148.

dence.

POLITO et al., Respondents, v. PETRIEL

REID, Respondent, v. B. A. & G. N. WILLO et al., Appellants. (Supreme Court, Appel- LIAMS, Appellant. (Supreme Court, Appellate late Division, Second Department. April 23, Division, Second Department. April 23, 1909.) 1909.) Action by Emanuel Polito and another Action by Christopher Reid against B. A. & against Giuseppi Petriello and others. No opin- G. N. Williams. No opinion. Judgment and ion. Judgment affirmed, with costs.

order unanimously affirmed, with costs.

POTTER V. GILBERT. (Supreme Court, Appellate Division, First Department. April

REIN V. ZWEBELSON. (Supreme Court, 30, 1909.) Action by Alma Á. Potter, as ad Appellate Term. May 7, 1909.) Appeal from ministratrix, against Charles P. H. Gilbert. No Municipal Court, Borough of Manhattan, Secopinion. Motion granted.

Question certified. ond District. Action by Caspar Rein against Order filed. See, also, 115 N. Y. Supp. 425.

Mollie Zwebelson. From a judgment for plaintiff, and from an order denying, a motion for a

new trial on the ground of perjury, fraud, and QUIGG, Respondent, v. POST & McCORD, newly discovered evidence, defendant appeals. Appellant. (Supreme Court, Appellate Division, Reversed, and new trial ordered. Herman HoffSecond Department. April 23, 1909.) Action man, for appellant. Lester W. Eisenberg, for by Joseph F. Quigg against Post & McCord. respondent. No opinion. Motion for leave to appeal to the PER QURIAM. The order denying the moCourt of Appeals denied, without costs. See, tion for a new trial is affirmed, with $10 costs also, 115 N. Y. Supp. 147.

to the respondent. The record discloses a situa. tion that induces us to believe that the interests

of justice will be best subserved by granting a RAFFERTY, Respondent, v. SECURITY new trial. Judgment reversed, and new trial TRUST & LIFE INS. CO., Appellant. (Su- ordered, with costs to appellant to abide the preme Court, Appellate Division, First Depart- event. ment. April 16, 1909.) Action by William J. Rafferty against the Security Trust & Life Insurance Company. H. A. Rubino, for appel In re REUSTLE'S ESTATE. (Supreme lant. H. A. Brann, for respondent. No opin- Court, Appellate Division, Second Department. ion. Order affirmed, with $10 costs and dis- April 23, 1909.) In the matter of the applicabursements. Order filed.

tion for a revocation of letters of administration heretofore issued in the estate of Bessie Reustle,

deceased. No opinion. Decree of the SurroIn re RANDEL. (Supreme Court, Appellate gate's Court of the county of Nassau affirmed, Division, First Department. April 30, 1909.) I with costs.

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