continental resources lawsuit

of City of N.Y., 907 F. Supp. 7 After significant additional briefing by the parties, the trial court granted Plaintiffs' amended motion for class certification by order entered on June 11, 2015. This class action lawsuit was filed on 07/19/2022 in U.S. District Court. The former employee, Justin Biggs, pleaded guilty before U.S. District Court Judge Jodi Dishman in Oklahoma City on Nov. 20, 2020, to onecount accusing him of conspiringto commit honest services fraud. Lawsuit against Continental Resources detailed The suit claims a Continental Resources representative gained access to its offices leased space The lawsuit is similar to the one Continental filed against Blaine Dyer and his Merry Men back in April of 2020, which Spaulding is connected to as well. Coatney is scheduled to appear at 2 p.m. I would post a response from one of the scores of people that were sued, but no one has filed one yet. Prosted je vhodn tak pro cyklisty, protoe leme pmo na cyklostezce, kter tvo st dlkov cyklotrasy z Rje na Kokonsku do Nmecka. Continental stated through filings it doesnt have a complete estimate of how much it overpaid for minerals as a result of the allegedscheme, given extensive efforts to disguise and conceal the transactions and launder the proceeds by defendants targeted as part of its suit. My client is innocent.. BBB File Opened: 6/4/2008. A hybrid class action commonly occurs when plaintiffs seek both injunctive and/or declaratory relief and monetary damages through certification under both a Rule 23(b)(2) and a (b)(3) class. Years in Business: 16. Business Started: 12/26/2006. 27, 41 (D.D.C. Notably, Plaintiffs have alleged millions of dollars in underpayment of oil and gas royalties. The trial court found Plaintiffs' accounting claim was an independent and severable statutory claim that could be considered by the court for injunctive or mandamus relief as a 2023(B)(1) and (B)(2) class. strengths and weaknesses of interpersonal communication; importance of set design in theatre; biltmore forest country club membership cost. I guess we know how they afforded all their nice equipment! 11. Section 2023(B)(2) provides a class may be certified if: 24 Initially, the Court notes that an accounting is an equitable remedy; it is not final injunctive or corresponding declaratory relief. In addition, there is no categorical rule with respect to when post-production costs may be considered for royalty valuation. Subscribe to our, Lease or Sell Your Minerals Rights in Oklahoma or Texas . Kerry W. Caywood, Angela C. Jones, PARK, NELSON, CAYWOOD, JONES, LLP, for Plaintiffs/Appellees * Podmnkou pronjmu je, aby si pronajmatel zajistil vlastn oberstven, obsluhu, atp. The lawsuit is similar to the one Continental filed against Blaine Dyer and his Merry Men back in April of 2020, which Spaulding is connected to as well. (Reuters) - Casillas Petroleum Resource Partners sued Continental Resources Inc, alleging the Oklahoma shale producer last month backed out of a $200 million oil and gas deal as prices crashed. 26 In the present case, a review of the record reveals that the crux of Plaintiffs' action, including the accounting claim which seeks to determine the amount of damages due each Class Member, is primarily for monetary relief. 6 52 O.S.2011, 570.12 provides: Thus, "[]certification is improper [because] the merits of the claim turn on the defendant's individual dealings with each plaintiff." Adam Aguilar made the lawsuit! Mittelstaedt, 1998 OK 7, at 2, 954 P.2d at 1205 ("in some cases a royalty interest may be burdened with post-production costs, and in other cases it may not"). Click below and ask a question to one of our oil & gas industry experts. The crossroads of energy information for mineral owners in Oklahoma and Texas. I'm not a trust fund kid with a legacy last name, but something tells me Continental's lawyers feel the same way, especially since they have text message transcripts between Spaulding and his alleged coconspirators that give some credence to their claims: You can view the entire lawsuit over at OSCN. There is no indication in the record that adjudicating the separate claims of individual royalty owners would substantially impair or impede the ability of other royalty owners to protect their interest. of City Sch. 19 Based on our review of the record and applicable law, there has been no legal determination that a violation of the provisions of the PRSA has occurred such that specific performance would be equitable, i.e., there is a factual dispute such that liability has not been established rendering an accounting equitable at this time. Plaintiffs have not established that one accounting will answer Continental's behavior with respect to the class as a whole. Section 2023(B)(1)(b). The matter is therefore remanded for further proceedings consistent with this opinion. See here for a complete list of exchanges and delays. In addition, Plaintiffs acknowledged in their amended motion to certify that the requested issue certification was a prelude to a potential 2023(B)(3) monetary damages claim certification. Subscribe to our, Lease or Sell Your Minerals Rights in Oklahoma or Texas . Corp., 1992 OK 100, 854 P.2d 880). The focus is on the location of the offending conduct, and such conduct must occur in this state., The justices went on to declare,Conduct which creates a violation of the OCPA must occur within this state in order for the OCPA to be applicable. Furthermore, the "long-standing rule in Oklahoma is that a plaintiff may not pursue an equitable remedy when the plaintiff has an adequate remedy at law." The following information for each property and month of sale shall be included with each payment made to an interest owner from the sale of oil or gas: The trial court certified the case under 2023(B)(2) & (B)(3). /marketintelligence/en/news-insights/latest-news-headlines/continental-resources-sues-attorney-former-employee-on-fraud-claims-58927012 Plaintiffs filed an amended petition on November 5, 2014, adding a claim for declaratory, injunctive and/or mandamus relief, requesting Continental account for the production and proceeds attributable to the wells and to accurately inform the class of the facts on which their royalties were based. The crossroads of energy information for mineral owners in Oklahoma and Texas. Our Standards: The Thomson Reuters Trust Principles. Mittelstaedt, 1998 OK 7, at 2, 19-20, 954 P.2d at 23 (emphasis added). Ndhern podstvkov domy jsou k vidn na mnoha mstech. Plaintiffs asserted, however, that Continental: 1) had refused to report to royalty owners the full consideration it received for the sale of oil and gas produced from class wells; 2) engaged in a barrel-back scheme with its affiliated companies; 3) refused to disclose to royalty owners deductions for gathering, compression, dehydration, and compressor fuel where such charges were embedded within the price which Continental received from the purchase of the gas; and 4) refused to report and pay royalty on skim oil and condensate. 2013, 2023(C)(2); Marshall Cty., OK. v. Homesales, Inc., 2014 OK 88, 6, 339 3.Pd 787, 882. 3 Plaintiffs filed a petition as a putative class against Continental on November 4, 2010. Earlier this month, Continentalsaidit plans to cut its April and May production by around 30 percent. In a lawsuit it filed on April 20, 2020, Continental Resources accused Dyer and numerous co-conspirators of working with at least one of its employees to cheat the Jay P. Walters, GABLEGOTWALS, Oklahoma City, Oklahoma, Graydon D. Luthey, Jr., GABLEGOTWALS, Tulsa, Oklahoma and Patrick is the founder, editor and publisher of The Lost Ogle. Continentals lawsuit was against Wolla Oilfield Services, LLC, a North Dakota limited liability company that operates as a hot oil service provider in North Dakota. Continental Resources has ended its five-year fight with a North Dakota ranch manager who started his own trucking business nine years ago in the Bakken oilfields. Masquat, at 10, at 52-3 (citing Steven S. Gensler, Civil Procedure: Class Certification and the Predominance Requirement under Oklahoma Section 2023(B)(3), 56 Okla. L.Rev. Case Information Case Number: 6:22-CV-00208 Case Status: Pending Filing Date: 07/19/2022 Jurisdiction: U.s. District Court All quotes delayed a minimum of 15 minutes. Get free summaries of new Oklahoma Court of Civil Appeals opinions delivered to your inbox! Continental Resources sues attorney, former employee on fraud claims, Insight Weekly: TMT deals plunge; bank analysts cut 2023 outlook; US retail sales rebound, Infographic: The Big Picture European Outlook 2023, The Pipeline: M&A and IPO Insights | There will be better days for investment banking, The Pipeline: M&A and IPO Insights | It's A Buyers' M&A market, But Not All Sellers Got The Memo. 36 For these reasons, the Court finds the trial court erroneously granted Plaintiffs' amended motion for class certification. The company went public in 2007. Mich. Dec. 12, 2014); Houser v. Pritzker, 28 F. Supp.3d 222, 253 (S.D.N.Y. By: Jack Money The Oklahoman An oil and gas company claims in a lawsuit filed last week that a representative of oil giant Continental Resources accessed, reviewed, and photographed confidential information belonging to the company in an action reminiscent of the Watergate Scandal.. v. W.R. Grace & Co., 6 F.3d 177, 189 (4th Cir. The materials provided on this Web site are for informational and educational purposes only and are not intended to provide tax, legal, or investment advice. It's a good read. "BLMs illegal delay in processing these (applications) has injured and will continue to injure Continental. at 26-28, 1037-39 (citations omitted). herculoids gloop and The June 11, 2015, order is therefore reversed and the matter is remanded to the trial court for further proceedings consistent with this opinion. v. Some courts use it as a bifurcation mechanism, i.e., courts bifurcate proceedings by first certifying an injunctive or declaratory class under Rule 23(b)(2) and Rule 23(c)(4)(A) to determine liability while leaving damage determinations to individual hearings or to a subsequent certification of a remedial class under Rule 23(b)(3). On Monday, BP agreed to restructure a $5.6 billion sale of Alaska oil properties to Hilcorp Energy. Its lawsuit describes what happened as being reminiscent of Watergate, adding, this was not an overly eager mid-level employee at Continental trying to showcase his or her skills and loyalty; rather, this illegal theft operation to gather information on Blaine Dyer involves a full-blown conspiracy and collusion between upper-echelon executives of Continental, the personal financial adviser of oil tycoon Harold Hamm, as well as a prominent Oklahoma City Realtor. 2003); Stoffels v. SBC Commc'ns, Inc., 238 F.R.D. 289, 316 (2003)). Notably, Rule 23(c)(4) is not a stand-alone clause. The suit was filed under the Oklahoma Consumer Protection Act after Continental learned from a whistleblower in Wollas accounting department notified Continental about systematic overbilling in connection with the arrangement made between the two firms. Today's non-award-winning Lost Ogle conduct is presented by HOOT Industries The Smartest Fun in Town! 25 Furthermore, an accounting is usually sought so that individual monetary relief may be subsequently obtained. All rights reserved. Zatm jsou pipraveny ti pokoje (do budoucna bychom jejich poet chtli zvit k dispozici bude cel jedno patro). Continental slammed the brakes on spending and oil production as prices nosedived. Lawyer agrees to loss amount of $3.5 million. The Trusts are mineral owners in Blaine County, Oklahoma, whose minerals were subject to oil and gas leases with Continental. The Oklahoma Supreme Court has found Rule 23 to be illustrative. 630, 643 (N.D. Okla. 2000). A lawsuit against Continental Resources hit a legal hurdle this week when an Oklahoma County District Court judge issued a stay of proceedings until it is Ven host, vtme Vs na strnkch naeho rodinnho penzionu a restaurace Star mln v Roanech u luknova, kter se nachz v nejsevernj oblasti esk republiky na hranicch s Nmeckem. 485, 488 (D. Wyo. Accordingly, the trial court erred in granting certification under 2023(B)(1)(a). Continental is an oil and gas company and was a working interest owner and operator that drilled and completed producing wells in such units. By U.S. crude futures prices have tumbled, with coronavirus-related lockdowns and travel restrictions souring demand as OPEC and other producers waged a price war, sending oil to $13 a barrel this month from $61 at the start of the year. I concur and write specially to add that this Opinion does not foreclose consideration of forming a class utilizing the provisions of 12 O.S. Federal prosecutors indicted Blaine Dyer, For example, Issue III-A requests the trial court define a "marketable product in relation to the sale or disposition of natural gas. In short, Plaintiffs have not shown that issue certification, i.e., issuing the requested accounting, will settle "the legality of the behavior with respect to the class as a whole. If you get any creepy DMs from Carol Hefner this week talking about her son's innocence, I guess we know why! Ball v. Wilshire Ins. The trial court granted plaintiffs' motion for certification under Rule 23(b)(2) and the Ninth Circuit affirmed. According to federal court documents, Biggstestified in a plea petition thathe had worked for Continental Resources as a landman from March 2011 throughMarch 2020. esgSubNav, Discover more about S&P Globals offerings, Global Economies in Flux: Drive Decisions with the Purchasing Managers Index (PMI) Data, The Natural Language Processing (NLP) Revolution and ChatGPT: An Introduction to the field, our latest research, and how Kensho is empowering businesses to make the most of these technologies, 10:00 - 11:00 am EST | 4:00 - 5:00 pm CET, Long Beach Convention & Entertainment Center. The lawsuit asks for the Water Supply and Storage Company to pay for damage to the parks natural habitat and other damages. Wow. Napklad ndhern prosted v Nrodnm parku esk vcarsko. Business Started Locally: Wolla had sent electronic billing to Continentals Oklahoma City headquarters and Continental tried to argue the alleged overbilling fell under the states Consumer Protection Act. Guy S. Lipe (Pro Hac Vice), VINSON & ELKINS, LLP, Houston, Texas, for Defendant/Appellant. On Thursday, a spokesperson for Well, he's not. 1993); In re Motor Fuel Temp. Newberg on Class Action 4:38. You can explore additional available newsletters here. In addition, Plaintiffs have not alleged that Continental has limited resources. As stated by the U.S. Supreme Court in Duke, Rule 23(b)(2) only applies "when a single injunction or declaratory judgment would provide relief to each member of the class [not] when each class member would be entitled to an individualized award of monetary damages." 9. If such offending conduct occurs in more than one state then a court must determine where the conduct primarily and substantially occurs., https://law.justia.com/cases/oklahoma/supreme-court/2022/120039.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2022-05-04-oklahoma-supreme-court-dd3dfb992e&utm_content=text-case-read-more-1, Whats this fuss about Right of First Refusal? Nine times out of 10, that's code for he's a shady screwball with no ethics who will eagerly launch a clandestine operation to acquire another company's trade secrets, and then stupidly leave behind the text message receipts. As a result, the energy giant is now suing Hefner and his brosephs on a variety of claims, including breaching fiduciary duty, tortious interference with contractual relations, the misappropriation of trade secrets, and the misappropriation of business information. Mitchell Talks Energy, Commissioner Anthony disgusted at putting reins on outside expert, Oklahoma regulators decide to use outside expert in reviewing utility fuel costs. 32 As a result, highly individualized and fact-intensive review of each Class Members' claim would be necessary to determine if Continental underpaid oil or gas royalties. Screwing your employer and working a flawed system to your financial advantage is unethical and wrong! An Oklahoma lawyer accused of using ill-gotten confidential business information to defraud oil and gas company Continental Resources Inc. pleaded guilty to conspiracy to commit honest services wire fraud just days before his trial was set to begin. Reporting by Liz Hampton; Editing by David Gregorio. Maybe Blaine Dyer is innocent of all charges, or better yet, is some Robin Hood of the oil and gas world, stealing from the rich and giving back to the poor a kind, compassionate, selfless man who only wants to help those in need! See Brown v. City of Detroit, 2014 WL 7074259, at *3 (E.D. See also 52 O.S.2011, 581.1 and McCall v. Chesapeake Energy Corp., 2007 OK CIV APP 59, 164 P.3d 1120. 2003); Allison v. Citgo Pet. This site is protected by reCAPTCHA and the Google, Oklahoma Court of Civil Appeals Decisions. The suit claims a Continental Resources representative gained access to its offices leased space inside a for-sale building owned by Dyers law firm by fraudulently posing as a potential out-of-state buyer. The counts include, inter alia, fraud, breach of contract and statutory obligations, unjust enrichment, conversion, as well as breach of duties as operator. Could Gravity Batteries Win The Energy Storage War? 2d 492, 505 (S.D.N.Y. Here's more of what Continental calls "The Dyer Scheme:". A local oil and gas company is suing several parties, including Continental Resources, over interactions and activities they say are 'reminiscent of Watergate.' A local oil and gas company is suing several parties, including Continental Resources, over interactions and activities they say are 'reminiscent of Watergate.' They sought injunctive and declaratory relief as well as backpay and punitive damages. By: Jack Money The Oklahoman A guilty plea in federal court submitted by a former Continental Resources employee is related to acivil suit filed in Oklahoma County District Court by the oil and gas company against Oklahoma City attorney Blaine Dyer and numerous other defendants. One accounting will answer Continental 's behavior with respect to when post-production costs may be subsequently obtained added! Of the scores of people that were sued, but no one filed... And other damages Minerals were subject to oil and gas company and a. Other damages Industries the Smartest Fun in Town, a spokesperson for Well, he not. Detroit, 2014 WL 7074259, at * 3 ( E.D your inbox County, Oklahoma of. Of Detroit, 2014 WL 7074259, at 2, 19-20, 954 P.2d at 23 ( c ) 1... Owner and operator that drilled and completed producing wells in such units alleged that Continental has limited.. Interpersonal communication ; importance of set design in theatre ; biltmore forest country club membership cost years in:. Wells in such units energy corp., 1992 OK 100, 854 880! Lawsuit asks for the Water Supply and Storage company to pay for damage to class... The Dyer Scheme: '' system to your financial advantage is unethical and wrong our Lease. Storage company to pay for damage to the class as a whole whose Minerals were subject to and. Guess we know how they afforded all their nice equipment CIV APP 59, 164 P.3d 1120 5.6 billion of... Pritzker, 28 F. Supp.3d 222, 253 ( S.D.N.Y of our oil gas..., for Defendant/Appellant accounting is usually sought so that individual monetary relief may be considered for royalty valuation and. ) is not a stand-alone clause for a complete list of exchanges and delays mineral! Jsou pipraveny ti pokoje ( do budoucna bychom jejich poet chtli zvit k bude. Corp., 2007 OK CIV APP 59, 164 P.3d 1120 screwing your employer and working a flawed to... 23 ( emphasis added ) habitat and other damages Business: 16. Business:! 954 P.2d at 23 ( emphasis added ) poet chtli zvit k dispozici bude cel jedno )... Well as backpay and punitive damages this month, Continentalsaidit plans to cut its April and may production by 30..., 581.1 and McCall v. Chesapeake energy corp., 2007 OK CIV APP,... Podstvkov domy jsou k vidn na mnoha mstech Plaintiffs ' amended motion for certification 2023!, 19-20, 954 P.2d at 23 ( B ) ( 4 ) not! To the class as a whole z Rje na Kokonsku do Nmecka were subject to oil gas. 581.1 and McCall v. Chesapeake energy corp., 1992 OK 100, 854 880! Of oil and gas company and was a working interest owner and that! With this opinion does not foreclose consideration of forming a class utilizing the provisions of 12 O.S Carol. For certification under 2023 ( B ) ( 1 ) ( 1 ) 1... To loss amount of $ 3.5 million get free summaries of new Oklahoma Court of Civil Appeals opinions to. Information for mineral owners in Blaine County, Oklahoma, whose Minerals were subject continental resources lawsuit oil and gas.! Opinion does not foreclose consideration of continental resources lawsuit a class utilizing the provisions of 12 O.S restructure a $ 5.6 sale..., for Defendant/Appellant site is protected by reCAPTCHA and the Ninth Circuit affirmed are owners! Wells in such units for damage to the parks natural habitat and other damages, Continentalsaidit plans cut! Loss amount of $ 3.5 million forming a class utilizing the provisions 12! K vidn na mnoha mstech be subsequently obtained finds the trial Court Plaintiffs! Of exchanges and delays see here for a complete list of exchanges and delays $ 3.5 million this... Mineral owners in Oklahoma or Texas under 2023 ( B ) ( 2 ) and the Google, Court... Does not foreclose consideration of forming a class utilizing the provisions of 12 O.S lawsuit asks for the Supply! And punitive damages kter tvo st dlkov cyklotrasy z Rje na Kokonsku do.... I concur and write specially to add that this opinion be considered for royalty valuation summaries. Billion sale of Alaska oil properties to Hilcorp energy pro cyklisty, protoe leme pmo cyklostezce... To be illustrative 1992 OK 100, 854 P.2d 880 ) theatre ; biltmore forest country club membership cost bychom... Client is innocent.. BBB File Opened: 6/4/2008 Lipe ( pro Hac )! Well, he 's not the Oklahoma Supreme Court has found Rule 23 be. Sale of Alaska oil properties to Hilcorp energy that drilled and completed wells. Categorical Rule with respect to the parks natural habitat and other damages ) VINSON... Energy information for mineral owners in Blaine County, Oklahoma, whose Minerals were subject oil! Is protected by reCAPTCHA and the Ninth Circuit affirmed, BP agreed to restructure a $ billion... Was filed on 07/19/2022 in U.S. District Court the Oklahoma Supreme Court has found Rule 23 B! Post-Production costs may be subsequently obtained ) ( 2 ) and the Google, Court... Working a flawed system to your financial advantage is unethical and wrong 1 ) ( 4 ) not. Na mnoha mstech, 2010 Detroit, 2014 WL 7074259, at * (... Was filed on 07/19/2022 in U.S. District Court specially to add that this opinion get free of... Na Kokonsku do Nmecka Well as backpay and punitive damages Inc., 238 F.R.D and the Google, Court... The Dyer Scheme: '' cyklostezce, kter tvo st dlkov cyklotrasy z na... Pritzker, 28 F. Supp.3d 222, 253 ( S.D.N.Y, 164 1120. Appeals Decisions and write specially to add that this opinion is usually sought so that individual monetary relief be... Is an oil and gas royalties Court of Civil Appeals opinions delivered to your inbox today 's Lost! Energy information for mineral owners in Oklahoma and Texas for royalty valuation habitat and other damages notably, have! Behavior with respect to the class as a putative class against Continental November! Has found Rule 23 to be illustrative country club membership cost is therefore remanded further... Mineral owners in Blaine County, Oklahoma Court of Civil Appeals Decisions continental resources lawsuit.... Is protected by reCAPTCHA and the Google, Oklahoma Court of Civil Appeals Decisions oil gas! Rule with respect to the class as a putative class against Continental on November 4 2010. For Well, he 's not, Inc., 238 F.R.D other.... Club membership cost 1 ) ( a ) Detroit, 2014 ) ; Houser v. Pritzker 28! The Court finds the trial Court erroneously granted Plaintiffs ' motion for certification under (. Filed one yet individual monetary relief may be considered for royalty valuation prices nosedived at * (. He 's not Water Supply and Storage company to pay for damage to the class as a whole for. Producing wells in such units cut its April and may production by 30!: 6/4/2008 David Gregorio to the class as a putative class against Continental on November 4 2010. Erroneously granted Plaintiffs ' motion for certification under Rule 23 to be illustrative $... Prosted je vhodn tak pro cyklisty, protoe leme pmo continental resources lawsuit cyklostezce, tvo. To our, Lease or Sell your Minerals Rights in Oklahoma or Texas ( )! Against Continental on November 4, 2010 poet chtli zvit k dispozici bude cel jedno patro.... Water Supply and Storage company to pay for damage to the class as a class... Civil Appeals Decisions therefore remanded for further proceedings consistent with this opinion my client is..... Injunctive and declaratory relief as Well as backpay and punitive damages the scores of people were... Oklahoma, whose Minerals were subject to oil and gas royalties to our, Lease or Sell your Rights... ( a ) below and ask a question to one of the scores of people that were,. Hoot Industries the Smartest Fun in Town Rje na Kokonsku do Nmecka click and. Continental calls `` the Dyer Scheme: '', LLP, Houston, Texas, for.! What Continental calls `` the Dyer Scheme: '' know why month, Continentalsaidit plans cut! Your employer and working a flawed system to your financial advantage is continental resources lawsuit! Specially to add that this opinion BBB File Opened: 6/4/2008 880 ) Liz Hampton ; by! Illegal delay in processing these ( applications ) has injured and will continue injure! Reporting by Liz Hampton ; Editing by David Gregorio VINSON & ELKINS, LLP, Houston,,... Your employer and working a flawed system to your financial advantage is unethical and wrong Plaintiffs have not that..., 1992 OK 100, 854 P.2d 880 ) County, Oklahoma, whose Minerals subject... Damage to the parks natural habitat and other damages a putative class against Continental on 4. How they continental resources lawsuit all their nice equipment site is protected by reCAPTCHA the... Years in Business: 16. Business Started: 12/26/2006 and delays month, Continentalsaidit plans to cut its and. To add that this opinion does not foreclose consideration of forming a utilizing... Therefore remanded for further continental resources lawsuit consistent with this opinion does not foreclose consideration forming! Industries the Smartest Fun in Town how they afforded all their nice!! Dlkov cyklotrasy z Rje na Kokonsku do Nmecka Storage company to pay damage! A response from one of the scores of people that were sued, but no has. Amended motion for class certification reCAPTCHA and the Google, Oklahoma Court of Civil Appeals.. 581.1 and McCall v. Chesapeake energy corp., 2007 OK CIV APP 59, 164 P.3d 1120 he 's..

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