article
Gov. Rick Perry on Monday signed a bill that will implement a "loser pays" system to stop frivolous lawsuits in Texas. House Bill 274 enacts several measures that supporters say will streamline and lower the cost of litigation in Texas courts, allowing parties to resolve disputes more quickly, more fairly and less expensively.
"HB 274 provides defendants and judges with a variety of tools that will cut down on frivolous claims in Texas," Gov. Perry said. "This important legislation will help make Texas that much more attractive to employers seeking to expand or relocate from countries all over the world by allowing them to spend less time in court and more time creating jobs."
Same Time Next Year
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It’s been nearly a year since I wrote about the problems that come from
having 11 bosses who are not on the same page about anything, as well as
suggestion...
4 months ago
37 comments:
Not entirely as idiotic as group prayer for an improvement in the economy, but a close second.
If this were the standard at the federal level, you could erase 100% of meaningful SCOTUS rulings.
The biggest problem I foresee is that many plaintiff's are already dirt poor due to whatever event harmed them.
So If I'm suing a doctor for medical malpractice, the lawyers will front the cost of litigation. If I lose, I simply declare bankruptcy. I'm likely already broke.
This is nice feel-good legislation, but I don't see it changing anything.
Steve i wonder if maybe the court costs imposed on the losing plantiff might not be dischargeable in bankruptcy along the same idea that students loans, I think, cannot be discharged in bankruptcy
Jahn
I agree Nemeth nailed it Sunday. In fact I agree with alot of his columns except when to comes to the airport.
Steve, one of the reason (there are many) health insurance is so high is the cost of liability insurance. We need tort reform.
This legislation is trying to address frivolous lawsuits. Trust if a plaintiff has a good case and has no money, there are a hundred law firms will to front the monies assuing of course it is a good case for them to invest in.
Bill
Bill, my fine friend Tracy Novick of Worc School Committe fame has kinda raised my eyebrows and I have copied it from todays T&G re: diversity in Wooooostah schoools:
"Tracy O'Connell Novick... whose three daughters attend schools at both ends of the [diversity] spectrum, said there is huge value in many kinds of diversity, including racial. Start mixing kids of different backgrounds and abilities, she said, and “everybody starts doing better.”
Sorry Tracy, but I disagree. IMHO, Smarter and more intelligent kids are held back when schooled with students of lesser abilities.
I mean how fair is it to a 265lb Paulie boy to get into the boys Club boxing ring with a 140lb opponent. Paulie would have to hold himself back lest he launched the smaller kid into orbit with a right hook.
Kids have to learn early on that not everyone comes out on the top of heap. Myself, I couldnt make even the JV basketball team. I was just not fast enough.
When I was in high school we had A, B, C, and D group and words self esteem never existed :
Sorry for hijacking your thread Bill but seeing you’re officially on sabbatical…
Has anyone noticed the cranes piercing the city skyline from Gateway Park to CitySquare! Pardon the pun but the “Sky’s the limit” for Worcester with all of the development finally coming together!
dave....while you are getting a hard on over city square......chandler street had a great meeting with DPW Commissioner Moylan about replacing the street lights on chandler from.main to foley stadium with what is on shrewsbury street....there is $150k allocated already and we are working with congressman mcgovern and state rep pedone to get the rest....project about 250-300k.....this will bring back that original village feel down here and help with the rest of chandler.....hope to announce some good triage center news soon also.....its in the hoods dave where the revitalization will take place
There's an article in the Telegram today (Link to same article from free source) regarding medical malpractice, and it got me to thinking about your comment regarding the need for tort reform.
I believe that tort reform, including the new Texas statute, is hitting the problem with a large hammer that will cause more damage than it fixes.
A tort is any civil action that is not based on a contract. If you are injured in an automobile accident, that is a tort action. If you sue someone for defamation (slander, libel) that is a tort action. If your laptop computer battery overheats and explodes and injures you, that is a tort action.
So, under the new Texas statute, if a defense expert convinces the jury that your laptop battery exploded because you ate tuna for lunch, you end up paying the defense costs.
I agree something should be done to stem the rising cost of health care, but I don't think this is it. I would agree with legislation to curb lawsuits for "treatment injuries" like New Zealand has, but raising barriers for all tort actions is the wrong answer.
It's the entire city finally pulling it all together to make Worcester's revitalization a reality. From the Chandler Street corridor (aka Village of Piedmont)to Downtown to the Canal District to Gateway Park!
I'm excited about the sum of all the parts Paul not just DT, although how long has it been since we have actually had cranes visible on our skyline.
Ok so new faades and new bike racks and now new street lights.........sorry Paulie, but new street lights fall in the same category as new low income housing......... i.e. structures will not change a 'hood.... only the right demographic living there (non pajama types) will change an area. But good effort anyway.
BTW I was down town a few days ago and noticed what appears to be a new red brick facade being built where the old parking garage was truncated from the old mall/office building structures. Looked really nice. Cant wait to see Front St punched through to Washington Sq.
Then I crossed the common to city Hall. Still a preponderance of layabouts on the common :( one of em tokin' a Funny Bone..others cussin' and takin' the good lords name in vain
Then i entered City Hall and needed a directory to find a certain office i was looking in city Hall that I had never been to before. Walked all floors almost twice before I finally asked an apparent city hall employee. I where the office is that I wanted and then was told there is a directory but it's at the basement level where the underground parkign garage is......HUH...........try even finding a parking space in that garage. Not so sure how many city hall customers ever park there .....wouldnt the city hall directory be better placed on the 1st floor ground level where I suspect the vast majority of the foot traffic enters CH?
how the fook do you start getting the right demographic Senor Pedro Jahn....give a snippet of how you do it....release your secret mate cause yohu are starting to read like those nit witsovah at wee wee wee wo-land.....we have a.huge demographic that most secondary cities dont have....college kids and few are staying but many ars moving to my home town and living in my units there
they arent gonna fall out of the sky....we have to attract em'....hangin' on the internet with you aint gonna do it.....I have already been thru urban renewal in somerville....it dont happen on its own mate....
senor pedro jahn.....chandler used to be quite like pleasant and main south...it is no longer....it aint marlborough street or piccidilly palace but it has improved.....open yer eyes mate
Paulie you cant attract the right demographic until you clear out the Pajama people. VOP, IMO is full of them.
I know you do alot down there and it's easy for me to criticize, but all someone like Worc Common Grd or their ilk has to do is fill the Mason St lot with low income housing and the 'hood is just flushed down the drain again in spite of all your efforts.
The college kids really cant stay here b/c the jobs are not here. Almost by definiton, they're transients/very mobile. Yes it would be nice if more stayed. Hopefully the improved reverse commute from east of here will bring 'ers and 'ees from Metrowest to City Sq. All we've got at City Sq so far is one company doing musical chairs and St V's putting up a two story building which IMO aint exactly maximized land usage for an urban center. As I have said before, thsi aint supposed to be downtown Clinton.
Paulie some of my work keeps me at a desk with a puter on, esp in the morning hours after which I venture out to my other job of sorts
Slummerville aint Wooooo......it is really an extension of Boston. Somerville urban renewal is dissimalar to WOO urban renewal given Somerville abuts Boston (i think?) or is sooo close to Boston.
I have lived through the building of:
a. Worcester center
b. the 1960's Summer St urban renewal
c. 2 or 3 Common makeovers
d. 2 Lincoln Sq rebuilds
e. Salem Sq Urban renewal.
f. The building of I-290/190
g. Medical City.
h. Lincoln Sq Marriot
i. 370 & 440 Main St towers.
j. Centrum
Sorry but Worc has just gone steadily downhill since the 1960's..........not unlike other cities and all the large projects that were to turn us around have not panned out as planned.
I hope I am wrong, but it is not about the infrastructure, it's about the people and Worc is right at a breaking point with 14% low income housing and more almost certain to come.
We also have to look at how many of the cranes on the horizon are gubmint funded cranes. When cranes are on the private sector dime and not on the gubmint dime, we'll see real progress, not unlike Polars cranes....in AUBURN :(.
So did anyone realize that the city closed off and took over that "short" little st abutting the old trade school site where the locksmith store used to be on on the corner and the Blue Belle diner was on the other corner. Hotel sits there now.
So i was talking to a business manager (BM) who is located on Prescott St about 1/4 mi from "short" St. Seems the city notified only the hotel about the closing b/c the hotel is the only abutter. I assume abutters have to be notified. So the BM tells me that closing Short St adversely affects truck & tractor trailer traffic to his business, such that some of the truck traffic now has to use a residential St. BM asks DPW bigwigs why he wasnt notified..........answer.....city only has to notify abutters.
File under: FU private businesses....we gotta expand North Main St area for WPI's benefit and we'll close off whatever we wanna close off.
senor pedro jahn.....telling us that facades,clean streets, flowers and park benchedo not work is incorrect....I live on chandler and have owned on it twenty years..you write about it:) we have made an impact....if we go on what you state then EVO addition,baba sushi addition....once firewood cafe,my improved properties have done nothing....
this reversal takes years unfortunately...once you lose a base it is difficult to get back....but chandler has seen a change.in foot traffic...the crime is.down (WE GET STATS FROM.POLICE)....the whores are gone...very few just hanging on corners....again under no illusions but there has been significant changes....many only those.living and working on the hood may notice but real....and there has been millions.of dollars in private investment and more coming....some from me and others...
not for nothing senor pedro jahn but you all look like a bunch of losers when a person from woo tells folks...that we cant expect something to work here cause its not a capitol,not next to boston....blah blah blah.....
Paulie, I do hope you are sucessful in getting VOP completely turned around. As I have said here b4 Looooong b4 I ever heard of Paulie & Buddy used to sit in traffic and look to my left at your multi colored 3 deckaaaah and admire it. I had always thot maybe it was Victorian era colors??? So I know from back in the mid 90's that you were sinkin' dinero into VOP.
Altho I am not familiar with promotional business, I know for a fact you had to have shelled out $1,000's for that 1st Paulie Fest you put on and quite possibly the seond one, too.
My point being that we need mor elike you and fewer like these CDC chieftans,i fwe're ever going to see Worc succeeed.
As far as the whores being gone......i disagree :) we have to many folks prostituting themselves at teh altar of low income housing under the guise of helping the little guy when in reality it is all about paychecks for many people who would otherwise be flippin' burgers for a living.
I am not going to steal Bills thunder here, even though I know he's hung up his blogging shoes until at least post Labor Day.................but......I can not be the only one who sees some things missing in todays T&G expose on problem Worc. Properties.
The Store at 223 Chandler St????. Is that the place right at teh top of the grade by old City Hospital. The number of incidents didnt seem all that high. 15(?) was it police calls?? So..........what if he called the Police b/c of to shop lifters or loitering. He gets the blame?? I need to know more here?
BTW was old PIP shelter ever included on the niusance property list due to high number o fpolice calls. Maybe I missed it but, I dont think so.
40 Mason gets cited..........MMMMMMMMMMMMM what about the vacant lot ???............Paulie have they been giving it a monthly haircut of late? How can they not see that as they they are in the process of citing 40 Mason St. And what of Worc Common Grounds place on Piedmont St?
May I suggest the code dept enforcement team all stand in front of the salt shed at Clark & E Montains Sts...with arms folded for a photo-op. ( Such body language!) Dittos for the dilapitated garage at the new Trade school site or the slopes in excess of 8% at the old trade school demo site at Prescott & Grover ST. aND i MEAN THE DARN SLAT SHED HAS BEEN THIS WAY for A DECAde and it's 250 ft from a city school. Just like drug dealers operating w/in 1,000 of a school all owners of imploded buildings standing w/in 1,000 of a school s/b razed in tried in court immediately and ordered to eliminate their nuisance(s)
The city of Worcester is it's own worst nuisance. File under: People in glass houses should think before they condemn
these public/private partnerships work well whe n public does what it does well and the private does what it does well.....working with the city is exhausting but I think it is slowly getting it....remember Chandler isnt one of the Trinity projects....
*canal district
*city square
*north main
and again you are preaching to the choir about the demographics.....I live here.....lots of good people but lots of losers to and these.losers have more defenders than the good people....if woo is to experience a.demo change the city and the good peeps are going to have to work together making woo a better place.....chandler street cant be blamed for not tackling the no-lo income issue...it is discussed in many meetings...we are taking on the thugs and bad property owners head on AND we have millions in private investment from many...patience and time is required...
233 is at the corner of chandler and dewey.....been a steady growing problem for a year....not the retail but the residential units above....two.families from Main South have blessed us with their presence bringing their Main South ways...speakers out the windows,trash,stay at home dads.....riding around on those little.bicycles...excessive car repairs no zoning for....tresspassing on area properties, suspicion of drugs (no suspicion sith me)...ON WAY OUT
Does anyone know what’s up with the old Sunoco station on Main Street near the former Central New England College? There is a public hearing notice in this morning’s paper about obtaining a drive through variance for a proposed restaurant. While I’m happy to see new business in the area, this will only contribute more trash to the neighborhoods that as Paul points out is a never ending battle for D4.
David,
I wouldn't worry too much about the litter around the possible drive thru on main street. No reputable fast food chain is going to operate in that neighborhood. It's going to be a mom and pop drive thru that will be out of business in no time. No one in their right mind will travel to that part of the city for a drive thru because it's simply not safe. And the drive thru won't be able to survive solely on the neighborhood clientele.
David, I agree take out restarants serve food & drink in disposable containers, but I think we need to blame those who litter vs blaming the business.
This is the same thinking that says Landlords s/b held responsible for the irresponsible behaviors of their tenants, yet the same politicians in their infinite wisdom do not hold the city responsible for clearing the snow from the city owned sidewalks.
Busnesses do not litter, people do and I'd be willing to betcha whatever fast food outlet might end up there, they will voluntarily do all they can to pick up all litter in the immediate area. ( That was part of my 1st payroll job at Main South McD's decades ago...some things never change :) )
They couldnt get a McD's at Main & Madison 12 years ago, so instead we get human debris ( litter) at this site now. Gimme the paper debris anyday vs. the human debris.
So how many variances did Worc Common Grd get across the street from this site to erect that monstrosity at Main & Piedmont. Look for Worc Common Grds to show and complain about inadequate parking on the proposed fast food site.....and then ask the city to give them an allegedly unused alley/right of way b/c their new building aint got no parking.
Anonymous, looking into the future, I see an El Delisico truck parked on an empty lot at that site :)
Bill, add Kesselli & Morse to the list. :)
I used to occassionaly buy things there. DId the t&G say it was 94 years in business?
Ill betcha they were having problems with collecting their billings.
File under: A dozen more Local 170 guys outta work?
Word Verification: bilings
Jahn,
I never said that the business owner(s) would contribute to the litter problem. I'm not blaming them but I think we all agree that most folks that go through fast food restaurants end up throwing their litter out the window.
David my mi fine amigo you said:
"While I’m happy to see new business in the area, this will only contribute more trash to the neighborhoods"
This (the business) will only contribute more trash..........????
Not trying bust on ya, but I think we have to realize that littering is 110% a human behavior problem.
Now did I tell ya about teh empty Shaws plastic bag that blew outta the Jahn Mobile on 495 a few weeks ago......luckliy it didnt land on any1's windhshield.
SO Mass College of Pharmacy wants to erect a 6 story optometry school building after razing part of the old Lincoln Sq Marriot.
Certianly sounds nice for Worcester, however if MCPH will need special permits andor/ variances, should the city require that they pay taxes in the form of so called Pilot Payments on the full asssessed value of the new constr into PERPETUITY?............jus tlike the rest of us non non profit taxpayers have to do
Fast forward.....10 years after the project is built out look for MCPH to pull a "WPI/CLARK MOVE" and request city council close off part of Lincoln Sq b/c it's too dangerous to have their optometry students trying negotiate Lincoln Sq on foot b/c their eye sight is so bad and there is a bad hill near by. Can you say West St/Downing St deja vu?
And speaking of Hotel No Tell sites, that Hampton Inn at W Main St and I-290 (which conveniently is only a few 100 yards over the Worc line into Shrewsbury)....it's been 10 months since the site work stopped.
senor pedro jah....you are an enjoyable read but is there anything new being done by a few that makes you go right on.....who gives a fook if they take a street....we have em' to spare.....they want to build a six story building and bring smart people to the city....you are starting to sound like nit wit weeeee weeeeee will woooo who talks about others finances and smarts but is unable to escape a dummy down Worcester that he hates so much:) Maybe you are two in one.
Now Paulie boy, you listen up to Senor Pedro Jahn. :) I have lived in this town probably at least 6 times longer than you. I have been been taken to the:
"The Altar of This Project Will Move Worcesters Downtown Forward".........
more times then i can recall and I have been left hurt & crying at this altar more times than I care to recollect and my counseling and the subsequent shrink bills put me in bankruptcy every 7 years....the latest being that Medical City would change downtown....another failed case of a concrete bunker that would move Worcester forward.....and worse part is my shrink is in Medical City :(
Are we better than a Springfield or a Fall River or a Fitchburg.....YES!!!!!!!
Physical structures aint going to change this city...except for more low income housing which will (and has) changed it for the worse.
I know you and others have expended lotsa unpaid time, energy, and money.....and......I know it is EZ for me to sit here and be critical, but as far as Worc's fuuuucha, I AM FRUM MISSOURI.....thats the "SHOW ME STATE" for you colloquial and geographically challenged Catholic school boys :)
If the old Bancroft Motors site on Portland St goes even 10% low income, City Sq is up S+++s Creek with no paddle. I think we have to ask ourselves why this Portland St site is apts and not condos....IMHO opinion it's b/c they couldnt sell condos there.....condos require middle class income $$$$$$$$$$ and middle income $$$$$$ aint coming there anytime soon.
Paulie I got no problemo with MCPH bringign smart people to Worcester, I just think they should pay Pilot Payments if they want all kinds variances, special permits, and undisclosed future street closings ....like maybe School St (no pun) on which this new building would sit/front. For the record, I am generally opposed to PIlot payments...my thinking being the city should 1st slash spending and eliminate unndeed/redundant jobs. I recall when that site was a tax paying factory, retail stores fronts, and I think the Brandy Banjo was on that street, tooo.
When muncipalities hold up private dev'ers for $$$$ its called LINKAGE. If a private company wants to even use the side walk for 10 weeks every summer, they have to pay up, jump through all kinds of hoops, and get dragged before the city council. Dittos for our now extinct vendor pushcarts. But if a college wants to permanently take over 600 ft of city streeet....no problemo.
As far as me being unable to escape a dumbed down Worcester, I predict you'll be outta here before me :) I never, ever thot about leaving Worc. until the last decade or so...........but if I do so decide......nothing is going to preclude me from leaving.
Call me negative, but it's reality in Worcester.
BTW has anyone noticed that whhen a private company like CSX decides to take on a project they get it done fast and furious.
I got twenty hard years in the city senor pedro jahn....it qualifies me to be on the negative team....but I choose to look forward...listen there is no doubt this city is fooked up and I chime in enuf about what I think.is fooked up....how many secondary cities anywhere have as many colleges,access to major highways and access to quality rural attractions and still are losing more productive people than gaining and is not considered an attraction to major employers....we have far to many on the dole and far to many making a.buck off those on the dole
you are incorrect about buildings....my residential units in the city are all in excellent shape and are occupied by hard working people....i dont like stay at home dads:) my new project is going to also be a good project that I think will be successful drawing in people and creating jobs.....and adding additional life to chandler street
EVO has hrought in new people to the hood that would have never stopped in the past....same for dunkin donuts, roccos, gary gaffin accounting, whites cleaners rehab and baba sushi...all extensive remodels of existing run down properties or new construction.....no offense senor pedro jahn but the problemo is that you are ole woo that sees little hope for the city....you cant seem to see any new developments that are positive and moving the city forward....i am a property tax payer on multiple properties.....if woo has to give some big players some deals to stay put...expand or attract then okay by me....who they attract may live in my units perhaps buy next door...buy a beer in my next venture:)
You talk about the no-lo income saturation....me, bill randell and others have been vocal in the media and with city leaders and I think we are.starting to have an effect....since I dont know who you are...you could be on the frontlines with us:)
I am out of the city all the time......my real estate and the fun I am having with urban renewal has me still here....the SMOC stuff has been unsettling but it looks like this issue may end up being to our benefit....some news out soon..
Ginny the Beagle says hello senor pedro jahn
Paul:
I agree with you 110%. The problem is the City of Worcester does not spport the efforts of small businesses. Look at something like the NRSA which helped us work together (become friends) and has created many atngible results.
Paul, if it was not for the NRSA your Jazz Festival and the kids never would have worked cleaing the streets the past three years.
What happens next? More money for the NRSA or a Main Streets type program? Nope we get shut off....
Instead the City of Worcester only looks at the big projects, which never produce the desired effects.
Bill
Paul:
I agree with you 110%. The problem is the City of Worcester does not spport the efforts of small businesses. Look at something like the NRSA which helped us work together (become friends) and has created many atngible results.
Paul, if it was not for the NRSA your Jazz Festival and the kids never would have worked cleaing the streets the past three years.
What happens next? More money for the NRSA or a Main Streets type program? Nope we get shut off....
Instead the City of Worcester only looks at the big projects, which never produce the desired effects.
Bill
but we did get the NRSA money and we have $140k more to spend and it will be on the streets soon.....thanks to yours and signmans original investment of time...now others are moving the program further along......there is no question that woo has huge issues off operation....mostly due to ole school wooites.....we can only keep plugging along hoping these people move us forward with our assistance or we push em out of the way....i see us mostly pushing em out of the way.....
Paulie, I thought you said before that you bought here in 1993 or 1991 but didnt move here until years later. Ok so I guees that I have been here 3+ times longer than you. Regardless I hope you understand my disillusionment when I see project after project that is supposed to re juvenate Worcester and specifically downtown Worcester and it never pans out.
I mean for gods sake this city can not even finish a simple signage project and its downtown cannot support a Mc D's or BK . We got the threshold population numbers for these kinda retial outlets, but when the McD's planners look at the qaulity of the population they take pass on downtown Worcester.
Pualie I agree we got highway access but it's only to three digit connector type intrastates. We really need(ed) good access to the two digit interstate highways. Look at Bawstin, Providence, Hartford...they got two digit interstates passing through their downtown...Boston 3 of em, Hartford 2 of em, and Providence 1 of em. But it's too late to change that....even in spite of the Mass Pike /146 new connector.
Paulie , mi amigo I never said anything negative about your buildings...in fact multiple times I have stated that 15+ yrs ago I always noticed your gayly colored 3 deckaaaah :). My point about buildings is and always has been that new buildings dont necessarily bring the correct demographic and all to often in Worc, the wrong demographic. Kind alike how new school buildings do not= more edchewkated students. So that said, how is Azel Drake coming along.
Paulie, I want to have hope for Worcester but I have been misled and lied to all too often re: how a new this or a new that is going to change Worc and/or Downtown. FWIW, I do see north Main St with some promise, but I also see it as a collaborative between WPI and gubmint money.....which always raises my eyebrows.
But Paulie Worc is giving the big money (millions$$$) to big colleges and to smaller non profits, then they throw you a bicycle rack, a few store fronts, a few trees, and then tell youse guys to ++++ off.
BTW Clark University is now getting more of what I predict will be it s circular driveway/ pedestraim mall from Park Ave to Clarks univ. in 2009 they did up Downing St nicely and now I here Shirley St will be redone this fall or next spring...resulting in a nice new horseshoe shaped access/ egress to Clark U from the PArk Ave side of the campus. IMO, look for both streets to be made one way ....Downing up to Clark Univ. one way and then SHirley back down to Park Ave one way. ALll this after Clark Univ is allowed to remove $160,000 of taxable property from teh tax roles as part of their alleged 250,000 Pilot payment to city each year.
I am only on the blogger frontlines with you. Last time I became vocal about some issues I had with thsi FFFFF'ing city about disparate treatment of me vs other "players" it cost me 10's of thousands $$$$ in delays and unnecessray hold ups.....so now I lay low with my hat, sunglasses and mask on :). BIll time to post up that handsome pic of me again in my cowboy hat and shades. Dont show my holster tho :)
Hey Collyer, Dont ever let your guard down with this SMOC and may I suggest to you that if MLK becomes vacant I got 3 words for ....Worc Common Grds.
Tell Ginny said hello, but my heart still goes out to Buddy. Good to know I got at least one gal who likes me :)
So you guys keep inviting Havana Jim, Barack Obrien, and Babsie into your den and you'll keep getting hosed over b/c to all of three of these commies............private property and profits are evil...........whilst public property and Non profits are the favored players
senor pedro jahn we could go on and on....having an open house @ the Azel Howard Drake House soon.....stop by:) and have started the demolition for the yellow moon cafe....when open pop in for a tomato,feta and spinach fritatta......the PaulieStock is adding lot across the street in 2012....feel free to join in mate
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