Painted Bricks: Don Juan's Mexican Restaurant, Casper Wyoming
Lex Anteinternet: The glory of being a trial lawyer.
The glory of being a trial lawyer.
The dirty little secret. . . there isn't any.
I do know that the year COVID restrictions on the courts lifted, I tried three that year. That may not sound like a lot, but for a civil litigator it is. I know quite a few civil litigators who have tried less than that over decades' long careers. One law school colleague of mine who does the same work, has never, in so far as I know, tried a case. An ABA review I once read of lawyers who had long civil careers and then retired (which seems to be a rarity) remarked that one of the subjects was proud of her "six" trials.
Six.
Hah.
There are a lot of reason there are not very many civil trials and even fewer serious civil trials, but one reason is that trials are hard stressful work.
But I'll get to that.
This past year, dating back a year ago or so, has not been a good one for me on a personal level. I had surgery in the fall and missed the hunting season. It was colon surgery, and I've never completely recovered, which is to say that my digestive track has not returned to normal, and it isn't going to. During that process, it was revealed by a scan that I had a major thyroid nodule. Followup on that showed it to almost certainly be cancerous, so during the trial, was looking forward to a second surgery, a partial thyroidectomy, and if really lucky I won't have to take medicine for the rest of my life. There is, however, a good chance that I will have to.
Having the trial to accomplish meant that I didn't have to think about it, however.
In terms of good news, it turned out to be benign. Strange, but benign. It's basically a result of an old injury, one I don't ever recall sustaining.
Hopefully the recovery time isn't really long, but it varies quite a bit for people.
I ended up never taking a day off from the second surgery, not even the day of the surgery, which was a mistake, I'll note.
Anyhow, for about a year running now, my life has been nothing but work. As noted, I missed the hunting season and what little I got in prior to surgery was marred by being incredibly tired. I'm not sure what was up with that (perhaps the thyroid), but I was. I couldn't go for big game after that least I rip my stitches out.
I did get out for waterfowl quite a bit late in the season, mostly on Sunday's after Mass. I'd work on Sundays but for the Commandment to keep the Sabbath holy, which I take seriously, although occasionally I find myself working on that day too.
That's mostly a reflection of my personality.
The trial in question had been from a pre COVID case and it finally rolled around to to. Just before it did, my opponent let me know that his young female partner was leaving, and she did before the trial commenced. I was stunned, really, as she was bailing out of a really good firm and she's a really good lawyer. She was leaving private practice to go in house.
No more trials for her.
Then my younger female partner let me know she was leaving. She stuck with me through the trial.
Finding a lawyer you can comfortably try cases with isn't easy. Frankly, maybe one in ten lawyers who do trial work are really talented at it and of those, maybe only 10% anyone one person meshes with well enough to have that role. But here she definitely did. Her leaving is a big loss to me, just as my opponent's younger counsel leaving was a big loss to him. I don't know, really, if I'll be able to replace her.
For some time I've frankly wondered how she does it, as she's married with young children. When I was first practicing law, the female litigators I'd meet, and they were few, tended to be childless, often by choice. Quite a few women started to come into the law about the time that I did, and by and large if they were married and started to have children, they dropped out of practice. It was just too much of a burden.
This recalls the old phrase, supposedly written by Jean Little, a Canadian author:
A man can work from sun to sun, But a woman's work is never done.
There's a lot of truth to that, quite frankly.
For some reason, even in our "modern" age, the traditional division of labor in which women are burdened with raising children while they're young and keeping the household has never gone away, even when the woman of the house is a professional and its first breadwinner. Perhaps its simply genetic, although we're not supposed to say that. About the only relief I see them getting is from willing grandparents, really, and that too, oddly enough, is a very traditional role for grandparents.
Anyhow, juggling a household and having a professional job that requires long hours and travel. . . that's brutal. I don't blame these women a bit for seeking something else out.
One more example of how our modern "you live to serve this ship" lifestyle makes no sense and makes nobody happy.
You always go to the location of the trial early.
On Sunday, I looked out of my hotel window and saw this:
Horses by an old homestead, still being farmed.
Sigh.
The only thing I got out to do was to go to Mass.
I like everyone to have their own vehicles at a trial. It gives everyone some independence. If I control things, and at my age I do, everyone drives themselves.
This, I'll note, isn't the case with some lawyers, although it is with all the ones I know. Those people must be the really extraverted ones who just think everyone needs lots of sharing time all the time, and therefore they make the whole team prisoners to their automobile.
If a soldier or labourer complain of the hardship of his lot, set him to do nothing.
I'm not sure what Pascal was aiming at there, but I think it might have been that people just complain. I also think, however, that a lot of people who were born into agriculture have no idea what other work is like, including working as a professional.
I turned 60 recently as well, which of course is a sort of milestone for many people, although I really didn't pay that much attention to it at the time. It really started to set in, however, when I attended a mule action by video. Everything was too expensive, and I didn't buy anything, but leading up to it, I got a fair amount of opposition from my spouse. Most of it was of the nature of "you don't have time".
I don't have time, which is because I work a work schedule at the office, in this civil litigator line of country, that's very heavy. I work a schedule that's heavier than a lot of lawyers in their 20s and 30s. I have nobody, I guess, but myself to blame for that, sort of. Part of it too has to do with the circumstances during which I came up in the law, and part of it has to do with my own character.
When I was young, before I was a lawyer, I wanted to work outdoors.
It's never really stopped being in a least the back of my mind. The net effect of that is that from the exterior I'm one of the rare trial lawyers who tries a lot of cases. I'm cited to other lawyers that way, and because of the work that comes through my door, it's pretty obvious that my reputation as a trial lawyer is impossible to escape. But part of the reason that I can't escape it is that those immediately around me, including those closest to me, see me that way and can't imagine a world in which I'm not yoked to the plow in this fashion.
Elijah set out, and came upon Elisha, son of Shaphat, as he was plowing with twelve yoke of oxen; he was following the twelfth. Elijah went over to him and threw his cloak on him.
Elisha left the oxen, ran after Elijah, and said, “Please, let me kiss my father and mother good-bye, and I will follow you.” Elijah answered, “Go back! What have I done to you?”
Elisha left him and, taking the yoke of oxen, slaughtered them; he used the plowing equipment for fuel to boil their flesh, and gave it to the people to eat. Then he left and followed Elijah to serve him.
1 Kings, Chapter 19.
I've always thought Elisha's actions baffling. But they are not. He was wanting to set out with Elijah, who had just anointed him his successor. When he left the oxen and spoke to Elijah, Elijah seemed annoyed and told him to go back.
Yoke's were expensive, and so were oxen. By burning his wooden yokes, there was no going back.
If this seems harsh, consider the similar lines from Luke in the New Testament:
As they were proceeding on their journey someone said to him, “I will follow you wherever you go.” Jesus answered him, “Foxes have dens and birds of the sky have nests, but the Son of Man has nowhere to rest his head.”
And to another he said, “Follow me.” But he replied, “[Lord,] let me go first and bury my father.” But he answered him, “Let the dead bury their dead.* But you, go and proclaim the kingdom of God.”
And another said, “I will follow you, Lord, but first let me say farewell to my family at home.” Jesus said, “No one who sets a hand to the plow and looks to what was left behind is fit for the kingdom of God.”
In modern American life we imagine we can always go back and most of us live our lives that way. Had Elisha decided, well, I'll plow the field and bring in the crops and take up being a prophet later, he wouldn't have become a prophet. Those setting a hand to the plow, and looking back, don't plow a straight row.
And so back to the main.
There's really no glory in trial work, in spite of what people like to imagine. It's hard work. If you win, your clients view the victory as theirs. If you lose, it's your fault. Everyone wins some and loses some, and moreover, wins some they should lose and lose some they should win. It's so stressful that most civil litigators, truth be known, and this includes both plaintiffs and defendants lawyers, won't try a case. Those who will tend to be a tiny minority, and we try lots of cases, because we will. You get used to a lot of the things about it, but like the way Jock Lewes is portrayed in SAS, Rogue Heroes (stay tuned for a review shortly), some of that is suppression of anxiety rather than its elimination, although anxiety does indeed decrease with time. People who run around claiming they love everything about a trial tend to be weirdos or liars, more often the latter than the former.
And, for what its worth, I've tried a minor case since this one.
Lex Anteinternet: And the artist retorts.
And the artist retorts.
Lex Anteinternet: Rich Men North of Richmond, Part I. Resisting the "signs and wonders" and completely missing what's gong on.
Rich Men North of Richmond, Part I. Resisting the "signs and wonders" and completely missing what's gong on.
I've been sellin' my soul, workin' all dayOvertime hours for bullshit paySo I can sit out here and waste my life awayDrag back home and drown my troubles awayIt's a damn shame what the world's gotten toFor people like me and people like youWish I could just wake up and it not be trueBut it is, oh, it isLivin' in the new worldWith an old soulThese rich men north of RichmondLord knows they all just wanna have total controlWanna know what you think, wanna know what you doAnd they don't think you know, but I know that you do'Cause your dollar ain't shit and it's taxed to no end'Cause of rich men north of RichmondI wish politicians would look out for minersAnd not just minors on an island somewhereLord, we got folks in the street, ain't got nothin' to eatAnd the obese milkin' welfareWell, God, if you're 5-foot-3 and you're 300 poundsTaxes ought not to pay for your bags of fudge roundsYoung men are puttin' themselves six feet in the ground'Cause all this damn country does is keep on kickin' them downLord, it's a damn shame what the world's gotten toFor people like me and people like youWish I could just wake up and it not be trueBut it is, oh, it isLivin' in the new worldWith an old soulThese rich men north of RichmondLord knows they all just wanna have total controlWanna know what you think, wanna know what you doAnd they don't think you know, but I know that you do'Cause your dollar ain't shit and it's taxed to no end'Cause of rich men north of RichmondI've been sellin' my soul, workin' all dayOvertime hours for bullshit pay
Sucker punch somebody on a sidewalkCarjack an old lady at a red lightPull a gun on the owner of a liquor storeYa think it's cool, well, act a fool if ya likeCuss out a cop, spit in his faceStomp on the flag and light it upYeah, ya think you're toughWell, try that in a small townSee how far ya make it down the roadAround here, we take care of our ownYou cross that line, it won't take longFor you to find out, I recommend you don'tTry that in a small townGot a gun that my granddad gave meThey say one day they're gonna round upWell, that shit might fly in the city, good luckTry that in a small town
See how far ya make it down the roadAround here, we take care of our ownYou cross that line, it won't take longFor you to find out, I recommend you don'tTry that in a small townFull of good ol' boys, raised up rightIf you're looking for a fightTry that in a small townTry that in a small townTry that in a small townSee how far ya make it down the roadAround here, we take care of our ownYou cross that line, it won't take longFor you to find out, I recommend you don'tTry that in a small townTry that in a small townOoh-oohTry that in a small town
Rich Men North of Richmond
Republicans court cultural populism, while Democrats eschew economic populism. But economic populism is the key.
1. 39 years old. Spent 12 1/2 years as a plumber until the small company I worked for went under as the pandemic began. Working for a big chain home store for the last 3 years getting beaten into the ground, treated like a disposable asset, and watching my earnings equal less and less as the prices of basic necessities goes up. Ive fought addiction and won. Ive found love and lost it. This song resonates on a level that I havent felt in a long time. Thank you and god bless. ð2. As a disabled Marine, struggling to even be in public, struggling with all the bullshit in this world, struggling with thoughts of suicide, struggling to find pride in my Country, struggling to find the strength to get up every day to do the same damn thing to barely make ends me… as an American STRUGGLING with LIFE… thank you for bringing a little hope to my small part of the world… thank you for letting me know I am not alone with my thoughts and feelings… THANK YOU and God bless you Oliver Anthony3. I’m a 42 year old ex addict living in a camper trailer pay cheque to pay cheque with my kids part time while working to help the homeless and addicted community. I won’t stop working like the rest of you because we know at some point that one day will come that we may get that one break that shows us it was all worth it.Amazing song Oliver, thank you for sharing it4. As a hard working black American man, this song is ð¥ ð the first country song on my Playlist and I hope for more. In an Era where soul is gone from music THIS IS A BREATH OF MUCH NEEDED AIR. even put a tear in my eye ð¥5. And just like that you became the voice of 40 or 50 million working men. Amazing work, sir.
And there are a lot more.
Let's break down the lyrics again, emphasizing the ones that are telling.
I've been sellin' my soul, workin' all dayOvertime hours for bullshit paySo I can sit out here and waste my life awayDrag back home and drown my troubles awayIt's a damn shame what the world's gotten toFor people like me and people like youWish I could just wake up and it not be trueBut it is, oh, it isLivin' in the new worldWith an old soulThese rich men north of RichmondLord knows they all just wanna have total controlWanna know what you think, wanna know what you doAnd they don't think you know, but I know that you do'Cause your dollar ain't shit and it's taxed to no end'Cause of rich men north of RichmondI wish politicians would look out for minersAnd not just minors on an island somewhereLord, we got folks in the street, ain't got nothin' to eatAnd the obese milkin' welfareWell, God, if you're 5-foot-3 and you're 300 poundsTaxes ought not to pay for your bags of fudge roundsYoung men are puttin' themselves six feet in the ground'Cause all this damn country does is keep on kickin' them downLord, it's a damn shame what the world's gotten toFor people like me and people like youWish I could just wake up and it not be trueBut it is, oh, it isLivin' in the new worldWith an old soulThese rich men north of RichmondLord knows they all just wanna have total controlWanna know what you think, wanna know what you doAnd they don't think you know, but I know that you do'Cause your dollar ain't shit and it's taxed to no end'Cause of rich men north of RichmondI've been sellin' my soul, workin' all dayOvertime hours for bullshit pay
Okay, some of that, like Mr. Reich notes, is economic, but a lot of it isn't. The protagonist notes:
1. He has "an old soul".
2. The rich men he complains about want total control, even over what he thinks.
3. He complains about the Jeffrey Epstein saga, but more in an allegorical way than a specific way, suggesting that politicians are more concerned with their immoral pursuits than the lives of average working people.
4. He takes a shot at the welfare poor, and unusually, notes fat ones (hardly anyone does that in contemporary America).
1. 39 years old. Spent 12 1/2 years as a plumber until the small company I worked for went under as the pandemic began. Working for a big chain home store for the last 3 years getting beaten into the ground, treated like a disposable asset, and watching my earnings equal less and less as the prices of basic necessities goes up. Ive fought addiction and won. Ive found love and lost it. This song resonates on a level that I havent felt in a long time. Thank you and god bless. ð2. As a disabled Marine, struggling to even be in public, struggling with all the bullshit in this world, struggling with thoughts of suicide, struggling to find pride in my Country, struggling to find the strength to get up every day to do the same damn thing to barely make ends me… as an American STRUGGLING with LIFE… thank you for bringing a little hope to my small part of the world… thank you for letting me know I am not alone with my thoughts and feelings… THANK YOU and God bless you Oliver Anthony3. I’m a 42 year old ex addict living in a camper trailer pay cheque to pay cheque with my kids part time while working to help the homeless and addicted community. I won’t stop working like the rest of you because we know at some point that one day will come that we may get that one break that shows us it was all worth it.Amazing song Oliver, thank you for sharing it4. As a hard working black American man, this song is ð¥ ð the first country song on my Playlist and I hope for more. In an Era where soul is gone from music THIS IS A BREATH OF MUCH NEEDED AIR. even put a tear in my eye ð¥5. And just like that you became the voice of 40 or 50 million working men. Amazing work, sir.
And there are a lot more.
Let's break down the lyrics again, emphasizing the ones that are telling.
I've been sellin' my soul, workin' all dayOvertime hours for bullshit paySo I can sit out here and waste my life awayDrag back home and drown my troubles awayIt's a damn shame what the world's gotten toFor people like me and people like youWish I could just wake up and it not be trueBut it is, oh, it isLivin' in the new worldWith an old soulThese rich men north of RichmondLord knows they all just wanna have total controlWanna know what you think, wanna know what you doAnd they don't think you know, but I know that you do'Cause your dollar ain't shit and it's taxed to no end'Cause of rich men north of RichmondI wish politicians would look out for minersAnd not just minors on an island somewhereLord, we got folks in the street, ain't got nothin' to eatAnd the obese milkin' welfareWell, God, if you're 5-foot-3 and you're 300 poundsTaxes ought not to pay for your bags of fudge roundsYoung men are puttin' themselves six feet in the ground'Cause all this damn country does is keep on kickin' them downLord, it's a damn shame what the world's gotten toFor people like me and people like youWish I could just wake up and it not be trueBut it is, oh, it isLivin' in the new worldWith an old soulThese rich men north of RichmondLord knows they all just wanna have total controlWanna know what you think, wanna know what you doAnd they don't think you know, but I know that you do'Cause your dollar ain't shit and it's taxed to no end'Cause of rich men north of RichmondI've been sellin' my soul, workin' all dayOvertime hours for bullshit pay
Okay, some of that, like Mr. Reich notes, is economic, but a lot of it isn't. The protagonist notes:
1. He has "an old soul".
2. The rich men he complains about want total control, even over what he thinks.
3. He complains about the Jeffrey Epstein saga, but more in an allegorical way than a specific way, suggesting that politicians are more concerned with their immoral pursuits than the lives of average working people.
4. He takes a shot at the welfare poor, and unusually, notes fat ones (hardly anyone does that in contemporary America).
El Paso Sheriff : What's it mean? What's it leadin' to? You know, if you'd have told me 20 years ago, that I'd see children walking the streets of our Texas towns with green hair and bones in their noses, I just flat-out wouldn't have believed you.Ed Tom Bell : Signs and wonders. But I think once you quit hearing "sir" and "ma'am," the rest is soon to foller.El Paso Sheriff : Oh, it's the tide. It's the dismal tide.
No Country For Old Men.
And that's why their message is failing.
And for traditional conservatives, as, well as liberals, there may now be, by this time, something even scarier at work. . .
Lex Anteinternet: Vincit qui se vincit
Vincit qui se vincit
It is so easy for those who have made their money under a given system to think that that system must be right and good. Conservatism is for that reason nothing else than a pseudo-philosophy for the prosperous. -
Bishop Fulton J. Sheen, Communism and the Conscience of the West, p. 81
This is going to hit California and Baja Mexico:
Coastal Watches/Warnings and Forecast Cone for Storm Center
Forecast Length* | Forecast Track Line | Initial Wind Field |
* If the storm is forecast to dissipate within 3 days, the "Full Forecast" and "3 day" graphic will be identical
Click Here for a 5-day Cone Printer Friendly Graphic
How to use the cone graphic (video):
About this product:
This graphic shows an approximate representation of coastal areas under a hurricane warning (red), hurricane watch (pink), tropical storm warning (blue) and tropical storm watch (yellow). The orange circle indicates the current position of the center of the tropical cyclone. The black line, when selected, and dots show the National Hurricane Center (NHC) forecast track of the center at the times indicated. The dot indicating the forecast center location will be black if the cyclone is forecast to be tropical and will be white with a black outline if the cyclone is forecast to be extratropical. If only an L is displayed, then the system is forecast to be a remnant low. The letter inside the dot indicates the NHC's forecast intensity for that time:
D: Tropical Depression – wind speed less than 39 MPH
S: Tropical Storm – wind speed between 39 MPH and 73 MPH
H: Hurricane – wind speed between 74 MPH and 110 MPH
M: Major Hurricane – wind speed greater than 110 MPH
NHC tropical cyclone forecast tracks can be in error. This forecast uncertainty is conveyed by the track forecast "cone", the solid white and stippled white areas in the graphic. The solid white area depicts the track forecast uncertainty for days 1-3 of the forecast, while the stippled area depicts the uncertainty on days 4-5. Historical data indicate that the entire 5-day path of the center of the tropical cyclone will remain within the cone about 60-70% of the time. To form the cone, a set of imaginary circles are placed along the forecast track at the 12, 24, 36, 48, 72, 96, and 120 h positions, where the size of each circle is set so that it encloses 67% of the previous five years official forecast errors. The cone is then formed by smoothly connecting the area swept out by the set of circles.
It is also important to realize that a tropical cyclone is not a point. Their effects can span many hundreds of miles from the center. The area experiencing hurricane force (one-minute average wind speeds of at least 74 mph) and tropical storm force (one-minute average wind speeds of 39-73 mph) winds can extend well beyond the white areas shown enclosing the most likely track area of the center. The distribution of hurricane and tropical storm force winds in this tropical cyclone can be seen in the Wind History graphic linked above.
Considering the combined forecast uncertainties in track, intensity, and size, the chances that any particular location will experience winds of 34 kt (tropical storm force), 50 kt, or 64 kt (hurricane force) from this tropical cyclone are presented in tabular form for selected locations and forecast positions. This information is also presented in graphical form for the 34 kt, 50 kt, and 64 kt thresholds.
Interestingly, it's going to basically go right over Bakersfield, California, where this lifelong resident of that city is now serving in Congress:
Bakersfield is an oil town, and a rough one. Kevin McCarthy never worked in the oil patch, but he comes from blue collar roots. He graduated with a MBA from California State University, Bakersfield, in 1994, but was already in politics by that time. He's been a member of Congress since 2006.
Kern County is representative of a type of California we hardly think of. An oil and gas province in a state that we associate originally with agriculture, and then with. . . well itself. In some ways, McCarthy has been sort of an odd man out in his native state his entire life. And it must be frustrating, as he's a fourth generation Californian.
That sort of frustration has expressed itself in the nation's politics, on both the left and the right, for some time now. It's given rise to populism, and that populism has morphed into a form of fascism. Right McCarthy's party is struggling to see if it will be, after the nomination process is over, a conservative party, a populist party, or a fascist party. The fascist is in the lead, but he disregards of the law, a common trait for fascist leaders, may be his undoing. If it isn't, it risks being the undoing of American democracy.
The fact that "conservatives" no longer apply the broad scope of the word "conserve" may prove to lead to multiple undoings as well.
Bishop Fulton J. Sheen hit on something that ought to be obvious to us all, but in fact It's something rarely occurs to anyone. Liberals, or progressives as they like to think of themselves, decry the rich as evil on the basis that bad things happen due to wealth and therefore that's evil, and the evil must know that it's evil. In truth, "It is so easy for those who have made their money under a given system to think that that system must be right and good.", and that doesn't apply only to those who make vast amounts of money in something. Regular workers feel the same way. Tobacco farmers probably almost never thought to themselves about how their product directly resulted in cancer, and if they did, they must have mentally excused it, for example.
Systems are big, and big systems have to be addressed at a big level. Germans who worked in factories that were converted to war products as the war went on weren't in the same position as Albert Speer. But attempting to sanctify your occupation and livelihood (something I'll note that is very common for lawyers to do) doesn't change the reality of things.
This the first tropical storm to hit California like this in 84 years, the last such one being 1939's El Cordonazo. That storm was not only the last one, it's the only one to have made landfall in California in the 20th Century. We've had the terrible fires in Maui. We've had terrible fires in Canada all summer long. The list goes on.
The GOP is loud on the Biden "radical climate agenda". At least one of our local Congressional representatives, I'd wager, can be guaranteed to come on Twitter or Fox News within the next 30 days and complain about "Biden's radical climate agenda". The truth is, humans should not dare alter the climate, and just because I make money from things that might doesn't mean that it can't happen.
After this storm hits Bakersfield, McCarthy, along with the other top GOP leaders, should go to Kern County and explain what they're doing. McCarthy is Catholic (one of our three Congress people was, but long since adopted a Protestant faith, the latter allowing divorce and remarriage, although I don't know that's the reason that he did so). In Catholic theology, lying about serious matters is a grave sin.
I note that as I feel that most of these people, although not all of them, know better. If they don't know better, they can be excused, I guess, for not knowing better, but they can't be for willfully blinding themselves to the truth, which certainly can and does occur.
We really don't need Kevin McCarthy blathering about Hunter Biden. There's no excuse for ignoring the real, and difficult, problems of the day. You can feed red meat to the dogs, but once that's gone, and they're starving, they'll be coming for you.
People cheered Mussolini when he marched on Rome. They then hung around and celebrated his demise 20 years later. Austrians lined the streets when Hitler visited after the AnschluÃ, and were pretty glad to see the Nazi go just a few years later.
People who faced reality and undertook to engage it are better remembered than those who buried their heads in the sand and tried to ignore it. People don't sing the praises of John C. Calhoun today. They're not going to sing the praises of Ted Cruz tomorrow. People remember Lindbergh for what he did heroically, not for being an American Firster before December 7, 1941.
There's an opportunity here to be grasped, but will it be. Of couse, is there even an audience for it. The Wyoming GOP has been busy censuring its members for not falling into the fantasy right. People like to hear that they're beautiful, that smoking won't hurt you, and that you can go ahead and have that fourth beer before you drive home.
Lex Anteinternet: Cliffnotes of the Zeitgeist, 66th Edition. A little song, a little dance, a little seltzer up your pants.*
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