Keeping the Ship Afloat

 

Everyone, including lawyers, their families, and businesses, has been challenged and impacted by the Covid-19 pandemic. So has the judicial system.

 

As you know, the Alabama Supreme Court suspended jury trials until mid-September 2020. It is critically important for us lawyers, our clients, and for the system to continue to have trials. Without a trial setting, there is no pressure on either side to spend the effort, time and resources to prepare the case for trial, and without all of that and a trial setting, cases will not move forward and resolve. The civil defense bar needs trial settings just as much as the plaintiff’s bar does, because without a trial setting the defendants and their insurers try to keep their lawyers from working on the cases and preparing them for trial. On the plaintiff’s side, everyone knows that if the plaintiff lawyer does not work the case up and does not have a trial setting, then nothing is going to happen for the client. 

 

Our circuit judges understand this, having both practiced law and presided over cases. We should all be thankful that they have had the wisdom to maintain a civil trial docket this fall and winter, and that the circuit court bench, under the leadership of Presiding Judge Michael Youngpeter, is implementing safety measures so that jury trials can be conducted. It is critical to keep the system moving, even if that movement is at a slower pace than it was before Covid-19. 

 

At the Mobile Bar Association, we have had to try to manage through the pandemic as well. As you would expect, our revenue has been impaired due to our inability to have in-person, paid continuing legal education courses. And, some of our members have been slow to renew, although I think everyone is coming around and we will be okay. There are several other items for your attention.

 

First, the Alabama Supreme Court hearing in Mobile will now take place next year in 2021, and Ann Sirmon is working with the Supreme Court to facilitate that event. It is unfortunate we had to cancel and reschedule the argument that was to take place in Mobile, but we had no choice.

 

Second, the Constitution and Bylaws of the Mobile Bar Association are under review and will be amended later this summer or early fall. One of the problems we’ve had is that, under the current Bylaws, a new applicant for membership has to be voted on at a meeting of the Mobile Bar Association, after having been vetted by the Executive Committee. We have not been able to have regular monthly Mobile Bar Association meetings, so there has been a hold up on actually admitting new members who are otherwise qualified and normally would now be active members. Additionally, the current Bylaws require that the Executive Committee meet at least 11 times a year and the Bylaws imply that those meetings must be face to face, which is not currently possible. The Executive Committee has approximately 18 members, and we have been conducting Executive Committee meetings each month using Zoom. That process is very efficient and has worked well. So, the business of the Mobile Bar Association is ongoing, and the Executive Committee is active and functioning. However, the Bylaws need to be amended to authorize meetings of this type. At my request, Fred Helmsing is chairing the Constitution and Bylaws Committee, and is doing a great job. More on this later.

 

Finally, for more than 30 years, the Mobile and Baldwin Bar Associations have organized the Annual Bench and Bar Conference in early December. Last year’s event was a big success. It is always held at the Grand Hotel, and all of the lawyers and judges have always enjoyed the Grand Hotel immensely. The contract with the Grand Hotel is usually signed in late January or early February, some 10 months before the seminar. And, the contract includes guarantees of room rental and occupancy, meeting rooms, media equipment, food, service, etc. Each year, the Mobile Bar Association signs the contract, and then there is pressure on all of us to make sure that we have good participation to cover our expenses. The contract always has cancellation provisions, including cancellation charges.

 

The Executive Committee was concerned that if we go forward with the Bench and Bar Conference in December 2020, there is a high likelihood that we would have a much lower attendance than normal, and that we might fall short of covering the cost of the event. In fact, we are pretty sure that we would fall far short, and that the lack of participation might impair the event in future years. The total cost for putting on the event each year exceeds $50,000. The cancellation charge for canceling the December 2020 Bench and Bar Conference was going to be $25,000 to $30,000. That’s money that we just do not have.

 

In late June, Charlie Potts, Ann Sirmon and I met with the leadership of the Grand Hotel, including Scott Tripoli (General Manager) and Kevin Hellmich (Vice President of Sales). The meeting was arranged through the Grand Hotel’s April Mullins, who has been very good about helping manage the relationship between the Grand Hotel and the Mobile Bar Association. After explaining our circumstances, Mr. Tripoli and Mr. Hellmich were most understanding. They pointed out that the Grand Hotel and the Mobile Bar Association have a 30-year-plus relationship, which they value, and they appreciated us coming to explain to them our concerns. As a result of the meeting, they have agreed to waive the cancellation charges for the December 2020 Bench and Bar Conference, and the Mobile Bar Association has committed to entering into a contract to conduct that conference at the Grand Hotel in December 2021.

 

The Grand Hotel has been a good partner with our Association for many decades. Scott Tripoli and Kevin Hellmich were not required to waive the cancellation charges. If they had not, we would have had to either (a) have the Bench and Bar in December 2020 and run the risk that almost no one would show up, which would end up costing the Mobile Bar Association more than $50,000 plus a lot of embarrassment, or (b) we would have had to cancel and lose $25,000 to $30,000 in contractual cancellation charges. It’s important for our members to know that the Grand Hotel stood by us when it counted and was accommodating to our Association when we needed help. I will remember that in the future, and I hope all of our members will too.

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Hope everyone has enjoyed their summer and you are ready for hurricane season. It has really been a hot one!

 

We at the Mobile Bar Association Headquarters are gearing up for a busy August. It will definitely be a different type of busy from last August due to COVID-19. Nonetheless, we will continue to offer ways for you to connect with your fellow members. During August, there will NOT be any in-person events. Our CLE seminars and Membership Meeting will be held via Zoom. Our goal is to start in-person events in October. Fingers crossed! We miss seeing everyone.

 

Mark your calendars for our upcoming events during August. More details on the events and registration links are included in the August newsletter.

 

August 5, 12 and 19 - Stars Across the Bay/Family Law CLE series sponsored by Veritext

 

August 6 - Coffee with the Courts sponsored by Thomson Reuters

 

August 14 - August Membership Meeting sponsored by Sentinel Investigative Group

Join us for our August Membership Luncheon as we discuss with our guest speakers courtroom rules and procedures in preparation of jury trials starting in September. Traditionally, we have Danny Sheridan share his predicitions on the upcoming football season during the August meeting. Due to COVID-19 and the uncertainty of the football season, he will not join us this year. We look forward to seeing and hearing his predicitions, next August, on 2021 football season.

 

August 14 - August CLEs – Remote Proceedings: Preparation, Tools and Tactics AND Virtual Courtroom Practice

 

August 18 - Mentoring Book Club – Review Tiger Tactics – Chapters 7 & 8 sponsored by Thomson Reuters

 

August 27 - Social Security Section Meeting

 

In June, I shared an article on how COVID-19 could potentially impact legal culture. Here’s another great article for you to read. It discusses how COVID-19 has impacted the legal profession in myriad of other ways. How will small and solo firms be impacted, beyond working remotely? In this article, by law firm consultant Roy Ginsburg, he offers pandemic related sage and sensible advice for small law practices. Click here to read.

 

As you can see, it will be a busy August for the Mobile Bar Association. We hope you will take advantage of the many virtual events taking place during August. It is a great way to connect with your fellow members while we are not having in-person events. We look forward to seeing you soon.

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Join us for our Stars Across the Bay CLE series. Each seminar will be held via Zoom over lunch during three different Wednesdays in August. Check out the details below.

Cost:

Wednesday, August 5, 2020 - 11:00 a.m. - 1:00 p.m. - 2 CLE Credits

Wednesday, August 12, 2020 - 11:00 a.m. - 1:00 p.m. - 2 CLE Credits

Wednesday, August 19, 2020 - 11:00 a.m. - 1:30 p.m. - 1.5 CLE Credits and 1 Ethics Credit

Registration is Required in Advance.

The Stars Across the Bay CLE series is MBA sponsored by:

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Join us for two CLE seminars that will discuss in more depth COVID-19 pandemic courtroom procedures and practice.

Cost for both CLEs:

Schedule:

1:15 - 2:15 p.m. - Remote Proceedings: Preparation, Tools and Tactics

2:15 - 2:30 p.m. - Break

2:30 - 3:30 p.m. - COVID-19 Pandemic Courtroom Practice

Registration is Required in Advance.

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By Greg Vaughan, Chair

The Mentoring Committee will once again offer its Coffee with the Courts programming.  The concept is to provide a forum for our members to get to know our local judges over a cup of coffee.  At each session, two to three judges will present on the topic: Court Procedures in Baldwin County since COVID-19 Pandemic . All participants receive one hour of CLE credit. The meeting will be held via Zoom. Space is limited to 100 participants.

Cost: Free for attorneys practicing 1 to 12 years

-------- $25.00 for attorneys practicing 13 or more years

Registration is Required in Advance.

Coffee with the Courts Guest Judges: Baldwin County District Court Judge Jody Bishop and Baldwin County Circuit Court Judge Clark Stankoski

Moderated by: Winston Grow of Cabaniss, Johnston, Gardner, Dumas & O’Neal, LLP

By Greg Vaughan, Chair

Guest Lawyers: Pete Burns, Burns, Cunningham & Mackey PC AND

Forrest Latta, Burr & Forman, L.L.P.

Moderated by: Greg Vaughan, Holston Vaughan and Rosenthal, LLC

This year, the Mentoring Committee will review the practice development book Tiger Tactics, Powerful Strategies for Winning Law Firms over the course of 4 months. Each month, we will gather (via Zoom for the time being) for a 1.5 hour discussion (11:30 a.m. - 1:00 p.m.) hosted by the Mentoring Program and two MBA lawyers to review several chapters of the book.

1.5 hours of MCLE credit will be given for each gathering. And, thanks to the generosity of the publisher James Ruane and your Mobile Bar Association, there will be no charge for the book or the CLE credit, if you are a current member of the Mobile Bar Association with 12 years of experience or less . All other lawyers are invited to join us and normal CLE rates apply and the book will be sold to you at the Bar’s cost for $7 plus shipping OR you may come by MBA Headquarters to pick up your copy. Please note that we have ordered 100 copies of the book. Copies are available on a first come, first served basis. Space is limited to 100 participants and you must register in advance!

Registration Fees:  MBA members must be logged into the website to receive member pricing. If you don't remember your username and password, please contact MBA headquarters for assistance.

Please stop by MBA Headquarters between 8:30 a.m. - 4:00 p.m. to pick up your book.

New Address: 150 Government Street, Suite 1000A.

If you have any additional questions, please contact Mobile Bar Association at 251.433.9790.

Our CLE schedule is as follows:



Registration is required in advance.

Amazon.com provides the following summary on Tiger Tactics : 

 

What is Your Dream? Being a lawyer is difficult. Creating a sustainable and profitable firm that works for you is even harder. Most lawyers never get there. Most lawyers feel stuck in jobs. And many lawyers who choose to work for themselves struggle to make a profit or make any time for their lives. Tiger Tactics is about unlocking your dream. It was written by five lawyers who have individually gone on to create million and multi-million dollar practices. Tiger Tactics is about the stories, the struggles, and the practical advice necessary to thrive in the law practice jungle. Want more access and discussion? Join the Tiger Tactics online community at  https://www.facebook.com/groups/tigertacticsbook.

The MBA Mentoring Committee CLEs are sponsored by:

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By Gil Laden, Social Security Section Chair

The Social Security Section will be sponsoring a presentation by Kylle McKinney, Public Affairs Specialist with the Social Security Administration, on Thursday, August 27, at 12:30 PM, via teleconference. It will be a one-hour workshop. One hour of CLE credit has been approved by the Alabama State Bar. Topics to be discussed include “wet signatures,” Workload Support Unit (WSU), best practices, and COVID-19 updates. There will be a Q&A session.

ACCEPTING NOMINATIONS FOR THE LIBERTY BELL AWARD

By Weathers Bolt, Law Day Chair

Law Day is held annually in May and gives the Mobile Bar Association an opportunity to share with the community how law and the legal process protects our liberty, strives to achieve justice and contributes to the freedoms that all Americans share. This year’s Law Day theme was Your Vote, Your Voice, Our Democracy: The 19 ^th Amendment at 100 .

 

After being postponed by COVID-19, the Mobile Bar Association is NOW seeking nominations from the community for our Liberty Bell Award. All other Law Day activities have been cancelled for the year.

Deadline for Liberty Bell Award Nominations - Friday, September 11, 2020 

 

The Mobile Bar Association annually recognizes an individual in the Mobile community whose service has strengthened the American system of freedom under law. Established more than 30 years ago by the American Bar Association, the award is given to an outstanding citizen, particularly a non-lawyer, who by their service has (1) promoted a better understanding of the Constitution, (2) encouraged respect for the law and the courts, (3) stimulated a deeper sense of individual responsibility, (4) contributed to the effective functioning of our government, and/or (5) fostered a better understanding and appreciation of the rule of law.

 

Past recipients have included Mr. Joseph H. Langan, Ms. Mary S. Zoghby, Ms. Johnnie Sue Watts, Archbishop Oscar Lipscomb, Judge Michael E. Zoghby, Mr. John U. O’Brien, Dr. Yvonne Kennedy, Judge Jon F. Butler, Judge W. Brevard Hand, Mr. T. Massey Bedsole, Mr. Bob Grip, Judge Rosemary Chambers, Mr. John P. O’Brien, Mobile Sheriff Sam Cochran, Mr. James D. Sears, Judge Don Davis, Dr. William P. Taylor, Judge Henry A. Calloway, III, Mrs. Nann Worel, Dr. Bernard Eichold, Mr. Raymond O. Brazell, Ms. Casi Callaway, Mr. Patrick Guyton, Officer Steven Green, Mrs. Doris Littleton, Mr. Ken Megginson, Mr. Reggie Copeland, Corporal Michael Grandquest, Mr. Charles R. Diard, Jr., Officer Justin Billa and last year’s recipient, Officer Sean Tuder.

 

The Liberty Bell Award will be presented at the MBA October Membership Luncheon on Friday, October 23 at 1:00 p.m. at the Battle House Hotel. If you are interested in nominating someone for the award, click the button below.

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TIPS FOR NAVIGATING THE WEBSITE

For your first-time logging in :

You do not have to create a User Name and Password. It has been created for you.

Type in the following:

User Name: your email address

Password: MBA2020

Once logging in for the first time, for security purposes, please go to your preferences and update your information and change your password.

Credit Card Fee:

For any credit card purchases on the website, there is a $2.00 credit card fee. The new website does not automatically add the charge. You MUST type 1 in the box beside the credit card fee to complete the process.

Invoices:

Your invoice from the MBA are now generated from the website and are sent to you via email. To view the invoice, there will be a clickable link to the invoice. If you are unsure it is from the MBA, please call us at 251.433.9790 or email [email protected].

CONSIDER DONATING TO JUROR COFFEE

13TH JUDICIAL CIRCUIT COURT

For many years the Mobile Bar Association has proudly sponsored free coffee and condiments for Mobile County residents called to serve as jurors in the 13th Judicial Circuit Court. Although it may seem a small gesture, if something as seemingly insignificant as a fresh cup of coffee can make the jury process more enjoyable, we believe it is a benefit to the system as a whole.

The Mobile Bar Association is currently asking MBA Members to consider donating either $50.00 or $100.00 to help us continue this tradition. If you are interested in donating to the Juror Coffee Fund, please click here . Thanks in advance for your consideration and contribution. 

THANK YOU - DONATION RECEIVED FOR THE

13TH JUDICIAL CIRCUIT COURT JUROR COFFEE FUND

Thank you to the following member for making a donation to the 13th Judicial Circuit Court Juror Coffee Fund during the month of July.



THE LAW LIBRARY IS OPEN

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YOUNG LAWYERS SECTION

By Catherine Simon. Spann, President

The Young Lawyers Section is happy to announce our Zoom Yoga Class raised $335.00 for St. Mary’s Children’s Home! Thank you to Tiffany Ray for leading the class and thank you to everyone that attended and donated to this worthy cause. 

 

With the funds raised, we will be hosting a fun day at St. Mary’s Children’s Home in August. As some of you may know, St. Mary’s Children’s Home will be closing in September of this year. Thus, after a long and fulfilling relationship between the Young Lawyers Section and the home, this will be our last event. We are continuing to take donations and will be donating all excess funds to the home to use for the children during this transition. 

Thank you to the following firms and entities that have already donated:

 

To make a donation, please mail a check to Catherine Spann at  P.O. Box 123, Mobile, AL 36601 . Please pray for all who will be involved in the retirement of St. Mary’s Home, particularly the current staff and residents.

 

The annual golf tournament is tentatively scheduled for September 18, 2020, at The Grand Hotel in Point Clear, Alabama.  Please reach out to event Chair John Leech,  [email protected] , if you would like to sponsor or be involved in the tournament. More details will be provided soon. 

 

To join the Young Lawyers Section e-mail list, please e-mail me, Catherine Spann ( [email protected] ), Vice President Blake Richardson ( [email protected] ), or Treasurer Johana Gerheim ( [email protected] ). For updates and additional information, please follow us on Facebook (Mobile Bar Association Young Lawyers   https://www.facebook.com/groups/97086876767/ ) and Instagram ( @ Mobile_Young_Lawyers).

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VERNON Z. CRAWFORD BAR ASSOCIATION

By Suntrease Williams-Maynard, President

The Executive Board for the Vernon Z. Crawford Bay Area Bar Association bid farewell on July 17, 2020 to Cleveland Patterson, Financial Secretary, who will be relocating. The Board is grateful for his service and wishes he and his bride much success!

 

The July lunch meeting was held on July 22, 2020. The Board extends its gratitude to its member, A.J. Cooper, who spoke regarding the importance of diversity, equity, and inclusion in the legal profession. 

 

As we approach election season, we are continuing our efforts in voter education and registration. For those interested in assisting in our programs, please email our Vice President, LaWanda O'Bannon at [email protected] . We would love for you to get involved!

 

We will keep everyone abreast regarding any August meetings, if any, as we are closely monitoring the guidance issued by local, state, and federal agencies. We continue in our prayers for all. We also continue to ask all of our members to reach out if they anything during this time. Stay safe, and we appreciate your support!

In considering yet another case of juror misconduct involving attempts to look up information on the internet, the Supreme Court in Resurrection of Life, Inc. v. Dailey , No. 1180154 (Ala., June 5, 2020), held that a new trial was not warranted. The evidence was that a juror conducted an internet search to find the definition of an unknown term on Google. This information was brought to the trial court’s attention during the jury deliberations. The trial court conducted an investigation, and the jurors all testified that they would reach a verdict without consideration of whatever information might have been gleaned from the internet search. The appellate court concluded that prejudice as a matter of law could not be presumed because the record did not reflect what term had been looked up, and prejudice as a matter of law could only be found when the extraneous information was “crucial” to the jury’s deliberation.

 

In a split decision involving an issue of first impression, the Supreme Court in Craft v. McCoy , No. 1180820 (Ala., June 5, 2020), held that the protections against retaliatory conduct by a public official under Ala. Code § 36-25-24, a portion of the public ethics law, only applied in the event a formal “reporting” had been made. Since this required the filing of a formal written complaint and since the plaintiffs in this case had only verbally reported an alleged unethical activity, the protection against retaliatory discharge did not apply.

 

In a case of apparent first impression, the Supreme Court in Brown v. Berry-Pratt , No. 1180348 (Ala., June 30, 2020), held that real property of an intestate decedent could be ordered sold not only to pay debts of the decedent incurred prior to death but also to pay administrative expenses of the estate.

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BORN: On July 13, 2020 MBA Members Blair Mattei and Kirk Mattei welcomed their daughter, Jane Dreaper Mattei. Jane weighed 7.3 pounds and measured 19 inches long. She joins canine sibling, George. Welcome, Jane!

DIED: Father of MBA Member Win Stuardi , Aloysius Edwin “Ed” Stuardi, Jr., died on July 13, 2020. A Mobile native, Ed grew up playing sports at Hannon Park. He attended St. Mary’s Catholic School and graduated from McGill Institute in 1955. Ed played baseball and studied philosophy at Spring Hill College. After graduation, he briefly attended the University of Alabama School of law before serving in the United States Army. Ed returned to Mobile, was married, raised his family and built his career in the administration of Providence Hospital. He loved baseball, the water (particularly Fowl River), and Mobile Mardi Gras. Ed was preceded in death by his wife of 55 years and is survived by his three children and ten grandchildren.

BORN: MBA Member Frederick T. “Erick” Bussey and wife DeLacy welcomed son Frederick Lanagan “Lan” Bussey, born March 14, 2020. Lan comes from a long line of Mobile lawyers. He is the great-grandson of MBA Member Fred W. Killion, Jr ., great-nephew of Mobile lawyer Fred W. Killion, III , great-nephew of MBA Member James “Jimmy” W. Killion , and grandson of the late MBA Member Thomas “Corky” P. Ollinger, Jr.

 

KUDOS:  The Alabama State Bar announced the recipients of several awards honoring members of the legal profession as part of the virtual Annual Meeting on June 26, 2020. 

 

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The University of Alabama System is receiving applications for the position of University Counsel. This position will be based in Tuscaloosa on the campus of The University of Alabama. Applications will be accepted until August 20, 2020. To view the job posting, please click here.

By Judge Don Davis, Tri the Gulf Race Director

The Mobile Bar Foundation, Inc.’s Tri the Gulf Triathlon (TTG) Host-Organizing Committee met to discuss the options available for hosting a successful TTG 2020. As we absorbed the magnitude of the global pandemic over the past few months, we discussed, analyzed and planned out every possible scenario that would enable us to have TTG in 2020. Based on guidelines from the CDC, the federal government, state, county and the local authorities, we examined what a realistic version of TTG might look like during Covid-19. 

Some of the considerations that we entertained and vetted: 



 

These precautions and changes represent only a handful of tradeoffs that would be necessary for hosting a safe mass gathering in 2020. With these potential adjustments and being unsure of what the future holds, we still don’t believe that we could responsibly and respectfully guarantee everyone’s safety. We must think of every participant, spectator, volunteer, sponsor, vendor and the members of our local community and ensure that they will be confident and safe.

After weighing all of these options, it has become clear that the required changes would result in a significantly compromised version of the TTG experience that wouldn’t be as fun as our past events. Therefore, we have made the regretful decision to cancel TTG for 2020. 

Deferral to 2021

The registrations of all persons registered for the 2020 TTG have been deferred to 2021. These persons don’t need to do anything else at this time. The date of the 2021 TTG is October 16, 2021. We can all still train! So, get out and #SwimBikeRun – and stay tuned for details on TTG 2021. The TTG Committee hopes that you stay safe and healthy.

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Please consider making a tax deductible donation to the Mobile Bar Foundation:

Name: ____________________________________________________________________________________

Address: __________________________________________________________________________________

Phone: _______________________________________ E-Mail: _____________________________________

YES, I want to make a donation to the Mobile Bar Foundation -

In honor/memory of: ______________________________________________________________________

Acknowledgement sent to:

Name ____________________________________________________________________________________

Address: __________________________________________________________________________________

YES, I want to become a member of the Mobile Bar Foundation -

__ Life member ($5000, can be paid in up to 5 annual installments

__ Sustaining Member ($100 or more annually)

__ Regular Member ($50 - $99 annually)

__ Member of MBA practicing 5 years or less ($25 - $99)

__ I would like more information on including the Foundation in my estate planning

I donate my gift of: $__________

Check: __________ (Please make checks payable to the Mobile Bar Foundation)

*Credit Card: Visa/Mastercard# ____________________________________________________________

Signature: ______________________________________________ Exp: ___________________________

Mail to: Mobile Bar Foundation, P.O. Drawer 2005, Mobile, AL 36652



* All credit card transactions will incur a $2.00 processing fee.

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CALENDAR OF EVENTS

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Listed below are members that are celebrating birthdays in August:

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