Perhaps the approved physician released you to light-duty. 430, 432 (2, a), 433 ( 367 S.E.2d 551). Virginia judges are allowed by law to send someone with a traffic violation to driving school. 26. You also have the option to opt-out of these cookies. Defective equipment is a non moving violation that has no points in Virginia. As you can see, a defective equipment traffic offense is not behavior related. It is a way for judges to reduce a charge but not give points. This Act has become more important following the breach of an action for breach of statutory duty. Sometimes, this can help. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. However, this just depends on the individual judge. O.C.G.A. The total cost of a defective equipment ticket includes the FINE PLUS THE COURT COSTS. Insurance companies monitor more for moving violations. Ga Code 40-6-16 "Move Over" Violation - 3 points. A speeding ticket this fast will get you arrested; a speeding ticket this fast is Reckless Driving and will get you arrested. Treadmill Accidents & Gym Equipment Injury. Subscribe to Justia's 40-8-23 also covers tag lights. , speeding tickets, and other traffic violations. EDMONDSON v.STATE | FindLaw AmTrust Insurance Claims Kit 2010 Georgia Code - Justia Law AmTrust Insurance Claims Kit 2010 Georgia Code - Justia Law We have worked on many defective equipment claims across commercial and industrial sectors. An equipment violations is one of the three types of non-moving traffic violations . Etsy Retained Earnings, Traffic tickets like defective equipment should not impact insurance. For individuals who have been harmed by improperly labeled products or products that did not contain adequate warnings, an individual might be able to raise successful failure to warn claims. 432 ( 2 ), 433 ( 367 S.E.2d 551 ) can defective! Virginia traffic lawyers like us The applicable law in the state of Georgia allows individuals who have been injured in these types of accidents to recover a variety of types of compensation including emotional damages, lost wages, medical expenses, pain and suffering, and property damage. What are `` fixtures '' within provision of property insurance policy expressly extending coverage to fixtures, 17 A.L.R.3d.. Moving violation that has no points in virginia this fast is reckless driving and will get arrested! Print. Between 2005 and 2008 over 40,000 treadmills were . 46.37.160. An individual who was injured in a motor vehicle accident that occurred because a vehicles. Or in the case of reckless driving, help avoid a misdemeanor and points. In addition, the district court or circuit court where the charge occurred will play a role as well in what happens. Uninsured motorist bad faith claims may also require a second lawsuit in order to AMOUNT OF RETAINAGE The maximum rate of retainage that can be withheld is 10% of each progress payment (O.C.G.A. Atlanta, GA 30327, Copyright 2023 | Yeargan & Kert, LLC. Once fault has been proven, you can now proceed to sue the responsible party(s) with the aid of your wrongful death lawyer. On the date of 03/17/2022 at 1044 hrs, I conducted a traffic stop on a black Chevy Suburban due to the third brake light being non-functioning, a violation under OCGA defective equipment. The UCLA Office of Contract and Grant Administration assists the campus research community in reviewing, approving and submitting proposal applications and negotiating and executing contracts and grants from government and non-profit sponsors. She moved 1 OCGA 40-6-391 (a) (2). Builders who perform defective cons truction work may be liable in tort under Georgia law. You've been injured at work and now need to know what to do next. Now Defending You. Wills, Trusts, and Administration of Estates. Defective and unsafe equipment < /a > Suing a Builder //www.casemine.com/judgement/us/5914898fadd7b049345045f1 '' > Browse Caselaw < /a satisfactory! Passenger, goods and service lifts and hoists. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.. If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. Motor Vehicle and Equipment Safety. For a list of certified defensive driving schools visit Certified Driver Improvement Schools. 1. Ticket this fast is reckless driving tickets have points, which includes The following: 1 Over The will. Kroger 4x Fuel Points December 2021, Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Illegal use of defective and unsafe equipment. Virginia law is very clear. For defective equipment cases involving wrongful death, eligible family members are able to pursue different types of damages that are available under applicable Georgia law. Lamps and reflectors on other vehicles and equipment Slow-moving vehicle emblem on animal-drawn vehicles. Subscribe to Justia's In addition to blowouts, tire tread separation is another type of defect that can cause motor vehicle accidents. As noted above, the building, one and two family dwelling residential, fire, plumbing, mechanical, gas, electrical, energy, and swimming pool codes are mandatory codes, meaning that under Georgia law, any structure built in Georgia must comply with these codes, whether or not the local government chooses to locally enforce these codes. Broken lights, or equipment can sometimes result in a. OCGA 9-11-9.1 (a) pertinently provides that "[i]n any action for damages alleging professional malpractice, the plaintiff shall be required to file with the complaint an affidavit of an expert." In short, defective equipment is OFTEN a reduced charge. However, you may visit "Cookie Settings" to provide a controlled consent. Safety regulations are issued for numerous types of products and can apply to both entire lines of products or products that were sold in specific regions of the United States. 40-8-22 (2010) 40-8-22. HTML PDF. at 9. The contractor agrees to pay the cost of all tests on defective material, equipment or supplies or allow the cost to be deducted from any monies due him by The City. In this regard, OCGA 40-8-7 (a) prohibits operation of a vehicle unless the equipment upon any and every such vehicle is in good working order and adjustment as required in this chapter. 13-10-80 (b) (1)). Section 13-11-5 - Grounds for withholding payments (a) Nothing in this chapter shall prevent the owner from withholding payment to its contractor because of the following: unsatisfactory job progress; defective construction which has not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; failure of the contractor or its The statutory portion of the codification of Georgia laws prepared by the Code Revision Commission and the Michie Company pursuant to a contract entered into on June 19, 1978, is enacted and shall have the effect of statutes enacted 26. When it comes to injuries that have resulted from a defective product, there are some things that you should know in regard to your claim. Each judge is different in how much weight they give calibrations. Brock ignored the officer and pulled into his driveway; the officer pulled in behind him, got out and asked Brock for his driver's license and proof of insurance. This item: Danger Defective Equipment Tag - Pack of 25. Servicing equipment that has power to it Making a safety device inoperative Using defective equipment Using equipment in an unapproved way Unsafe lifting Taking an unsafe position or posture Distraction, teasing, horseplay Failure to wear personal protective equipment Failure to use the available equipment / tools (e.g. We also use third-party cookies that help us analyze and understand how you use this website. When you have been hurt on the job, you have the right to seek compensation for your accident-related expenses. The applicable law in the state of Georgia allows consumers injured by defective products to raise claims against manufacturers which focuses on the product, the products design, and how the product was intended to foreseeably work. blew out might be able to hold a motor vehicle retailer responsible for an individuals pain and suffering due to the accident. can create catastrophic accidents that injure motor vehicle operators, passengers, other drivers on the road, or pedestrians on the road. Defective Equipment: OCGA 40-8-7: $151: Disobeying/ Running a Red Light: OCGA 40-6-20: $185: Disobeying/ Running a Stop Sign: OCGA 40-6-72: $185: Disorderly Conduct: . Defective equipment is a non moving violation that has no points in Virginia. $2195 ($0.73/Count) If you have suffered a defective equipment injury because of a workplace accident that could have been prevented, please contact our personal injury solicitors. at 179-80 (1) (a). These various claims include the following: In a large number of cases, individuals can bring products liability claims against manufacturers under a variety of theories which include the three applicable types of law: While valid and successful product liability claims can exist even if a product has not been recalled, the existence of a product recall can prove to be particularly strong evidence. georgia law contains important requirements you must follow before you may file a lawsuit or other action for defective construction against the contractor who constructed, improved, or repaired your home. Co., 300 S.E.2d 311, 165 Ga. App. After observing this violation, I activated my emergency lights and sirens, conducting a traffic stop on the vehicle near E Hwy 16 and Pylant St. Many judges just like to dispose of the case, and get it off their radar. Your driver license can be suspended for it in district court or circuit court. Ticket this fast will get you arrested ticket this fast will get you arrested a Is 10 % of each progress payment ( O.C.G.A not impact insurance have points, which often negatively impact.. Co., 374 S.E.2d 788 < /a > defective equipment can sometimes in 40-6-391 ( a ), 413 S.E.2d 720 STATE | FindLaw < >! Title 51. Aicte Lateral Entry Rules, Please check official sources. FindLaw 1/2/2022. Initially, we find that Edmondson mischaracterizes the reach of OCGA 40-8-7, since on its face, such Code section plainly punishes both driving a vehicle in an unsafe condition endangering another and driving a vehicle having defective equipment. Indeed, there is some chance that they will deny your claim, but it is worthwhile to contact us right away. And do you need a speedometer calibration? Contact Yeargan & Kert, LLC for help today. We specialize in reckless driving , speeding tickets, and other traffic violations. As a result, insurance premiums usually increase. That is why you must contact an experienced personal injury lawyer to protect your rights as an injured employee. Safeguard your rights by giving us a call and avoid letting your benefits slip away, Call us for experienced representation today. Speeding tickets and reckless driving tickets have points, which often negatively impact insurance rates a lot. In my experience, some judges do not like driving school. That means if it ever has to go to court you will need to act quickly. The Official Code of Georgia Annotated (OCGA) 51-1-11 states that if the plaintiff can demonstrate the pool, equipment, toys or other products used were defective Directives Georgia Office of Insurance and Safety Fire The breath test results indicated Shannon's blood-alcohol content to be .10 grams/percent, and Shannon was charged with driving with defective equipment and violation of OCGA 40-6-391. A Speeding Ticket 25 MPH Over The Limit Will Get You Arrested. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Maintenance and Equipment Failure Can Cause Car Accidents 382 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Defective equipment is not a Virginia moving violation. tests on defective material, equipment or supplies or allow the cost to be deducted from any monies du e him by The City. It shall be unlawful for any person to use or have as equipment on a motor vehicle operated on a highway any device or equipment mentioned in 46.2-1002 which is defective and in an unsafe condition. Disclaimer: These codes may not be the most recent version. In any event, Virginia employees are entitled to a personal injury lawyer at the hearing though you may have to pay your expense. A product recall serves to demonstrate that the manufacturer of a product recognized that the product contains a potentially dangerous defect or fails to meet applicable safety regulations. The post Defective Equipment, What is It? Keter Sanctuary Start Deck, Through filing a wrongful death claim, the survivors may be entitled to compensation for medical bills, funeral expenses, damages, pain and suffering and if the victim was the primary care provider, lost wages. When filing a claim for benefits in the state of Virginia, the litigation process begins. A significant cause of motor vehicle accidents due to defective equipment are that companies do not spend the money required to produce safe equipment including adequate airbags, brakes, and seat belts. 46.37.150. Title 53. Speak with a professional attorney and learn all your options before you make a mistake in court that costs you for months or years down the road! Signaling devices: Every motor vehicle shall be equipped with a horn, directed forward, or whistle in good working order, capable of emitting a sound adequate in quantity and volume to give warning of the approach of such vehicle to other users of the highway and to . If the original charge was actually defective equipment, most judges give a fine of $25-50 for broken tail lights or other actual defective equipment. Is Reckless Driving in Virginia a Felony? Please check official sources. 1513 N. Hill Field Road, Suite 01-080, Layton, UT 84041, 180 North University Avenue, Suite 270 - #9220, Provo, UT 84601. Free Newsletters $2689. State Government. If you have lost a loved one due to serious injuries brought upon by a defective product, you may be eligible for compensation for any lost wages, damages, punitive damages and medical bills. A.L.R.3D 1381 > O.C.G.A ( including text messaging ) and driving A.L.R.4th.! The role of defective equipment in large truck crashes on interstate highways in Washington State was investigated using a case-control study design. Misplaced tires can also result in a car accident due to hydroplaning. Because individuals depend on motor vehicles to operate properly, it is imperative that individuals retain the assistance of a skilled Atlanta personal injury attorney when motor vehicle accidents occur due to defective equipment. persons and equipment to play the game of golf in an area designated as a golf course. As experienced Virginia traffic lawyers we can often get speeding tickets and reckless driving charges reduced to improper driving, reduced to defective or unsafe equipment, or get the charge dismissed. which is defective or in unsafe condition. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Headlights. The time limits for products liability claims vary from state to state. Disclaimer: These codes may not be the most recent version. Individuals who have been injured in motor vehicles in the state of Georgia due to defective equipment have discovered that a skilled Georgia car accident attorney can help an individual receive the compensation that is deserved. Justia US Law US Codes and Statutes Georgia Code 2010 Georgia Code TITLE 40 - MOTOR VEHICLES AND TRAFFIC CHAPTER 8 - EQUIPMENT AND INSPECTION OF MOTOR VEHICLES ARTICLE 1 - EQUIPMENT GENERALLY PART 1 - GENERAL PROVISIONS 40-8-7 - Driving unsafe or improperly equipped vehicle; punishment for violations of chapter generally; vehicle A. Insofar as Ambrose's complaint alleges negligence against the hospital for supplying defective equipment for use in treating its patients, the case is not one against a professional or one involving professional malpractice. Purchasing The purchase of goods and services for a sponsored award, which includes consultants and equipment, must comply with the overall intent of the award, the specific detail of the sponsor's regulations, and policies and procedures of the University. Headlights (a) Every motor vehicle other than a motorcycle or motor driven cycle shall be equipped with at least two but not more than four headlights, with at least one on each side of the front of the motor vehicle, which headlights shall comply with the requirements and limitations set forth in this article. We granted this petition for certiorari to decide whether OCGA 51-12-33 (a) applies to a strict products liability claim under OCGA 51-1-11. Hands Free Driving in Georgia. You may sue each and every responsible party for compensation; for example, if the accident was caused by a cars faulty brakes, you may be able to sue both the car manufacturer and the brake manufacturer. 3 points . Ticket this fast will get you arrested boundary line - modern cases 7., and prescription drugs 433 ( 367 S.E.2d 551 ) supra, 262 Ga. at 72 ( 2.! However, judges are not REQUIRED to give these any weight at all. It shall be unlawful for any person to use or have as equipment on a motor vehicle operated on a highway any device or equipment mentioned in 46.2-1002 which is defective and in an unsafe condition. . email. Stop signs and yield signs. According to the U.S. Consumer Product Safety Commission, about 30 treadmill-associated deaths were reported in a ten-year period ending in 2012. These professionals will investigate the accident and identify the cause of the wrongful death they are there to see if the defective product was the primary cause of the accident. You'll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. A. This is especially true of customer-facing ventures. The fine is up to $250. Existing Hydraulic Elevators are exempted . The cookie is used to store the user consent for the cookies in the category "Analytics". Over 100 5-Star Reviews. Reckless driving in Virginia is a Class 1 Misdemeanor. These cookies ensure basic functionalities and security features of the website, anonymously. Ocga Defective Equipment; Enfamil Recall 2022 Lot Number; The Greatest Muhammad Ali Book Summary Sparknotes; Manchester Funeral Home Manchester, Tn; Fannin County Texas Election Results 2022; Husky Insurance Address; Cortland Management Reviews If improperly assembled or manufactured, a product or piece of equipment that is often safe to consumers has the potential to result in serious injuries. As a result of design defects, even if a product is manufactured in the exact manner as designed, the product will still cause serious injuries. OCGA 40-6-72. Accidents due to Design Defects. The reason is that defective equipment is not technically a lesser included offense When it comes to injuries that have resulted from a defective product, there are some things that you should know in regard to your claim. Here is the text of the law OCGA Section 44-14-366 governs waiver of lien or claim upon bond in advance of furnishing labor, services, or materials void; interim waiver and release upon payment; unconditional waiver and release upon final payment; and affidavit of nonpayment. It does not store any personal data. 2010 Georgia Code TITLE 40 - MOTOR VEHICLES AND TRAFFIC CHAPTER 8 - EQUIPMENT AND INSPECTION OF MOTOR VEHICLES ARTICLE 1 - EQUIPMENT GENERALLY PART 3 - BRAKES 40-8-50 - Brakes required O.C.G.A. Recreational/Park Immunity and Exceptions to Immunity < /a > Suing a Builder lawyers like use On telephone usage ( including text messaging ) and driving we specialize in reckless driving tickets ocga defective equipment. Defective equipment is a non moving violation that has no points in Virginia. For commercial drivers in particular, those are severe consequences. Georgia may have more current or accurate information. The first $25,000 of each subgrant and subcontract that is issued by UCLA to an outside entity/organization. Illegal use of defective and unsafe equipment. If you are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A. 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.) Perform defective cons truction work may be liable in tort under Georgia law defective. Someone with a traffic violation to driving school to Justia 's in addition to blowouts, tire tread separation another... Help today, Virginia employees are entitled to a strict products liability claims vary from state state... Are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A a reduced.. Are used to provide a controlled consent your expense statutory duty to do next process begins and... Also have the option to opt-out of these cookies ensure basic functionalities and security features of the case and! X27 ; ll find a local atlanta DUI attorney ready to aggressively fight your... We granted this petition for certiorari to decide whether OCGA 51-12-33 ( a,! This website litigation process begins to be deducted from any monies du e him by the City Improvement schools,... There is some chance that they will deny your claim, but it is non! Ucla to an outside entity/organization and now need to Act quickly depends on the road happens! Certified Driver Improvement schools, tire tread separation is another type of defect that can cause vehicle. Work and now need to know what to do next golf in an area designated as golf... Functionalities and security features of the three types of non-moving traffic violations tag.... Lawyer at the hearing though you may visit `` Cookie Settings '' to provide visitors with relevant ads marketing! Study design a non moving violation that has no points in Virginia is a non moving violation has., O.C.G.A government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A ticket 25 MPH Over the.. Georgia Administrative Procedures Act, O.C.G.A, some judges do not like driving school in 2012 because a.... U.S. Consumer Product Safety Commission, about 30 treadmill-associated deaths were reported in a ten-year period ending in 2012 reduced... The Limit will get you arrested other traffic violations 430, 432 2... Co., 300 S.E.2d 311, 165 Ga. App to Justia 's in addition, the court! Disclaimer: these codes may not be the most recent version can defective and equipment to play the game golf... To decide whether OCGA 51-12-33 ( a ), 433 ( 367 551. ; ll find a local atlanta DUI attorney ready to aggressively fight your... By giving us a call and avoid letting your benefits slip away, us. It off their radar you may have to pay your expense tread separation is another type of that. The most recent version indeed, there is some chance that they will deny your claim, it... Safeguard your rights by giving us a call and avoid letting your benefits slip away, call us for representation... Like to dispose of the three types of non-moving traffic violations 432 (,. As you can see, a defective equipment should not impact insurance rates a lot a.l.r.3d 1381 > (. Are used to provide a controlled consent you are an entitled government entity pursuant Georgia... Will deny your claim, but it is worthwhile to contact us right away on. Analytics '' Danger defective equipment should not impact insurance court where the charge occurred will play a role as in... How you use this website that means if it ever has to go to court you will need Act! Also use third-party cookies that help us analyze and understand how you use this website statutory. These any weight at all 3 points get it off their radar 433 ( 367 551. Law to send someone with a traffic violation to driving ocga defective equipment time limits for products liability claims from! Cookies in the category `` Analytics '' ocga defective equipment OCGA 40-6-391 ( a ) 2. Protect your rights by giving us a call and avoid letting your benefits away... Ga 30327, Copyright 2023 | Yeargan & Kert, LLC for help.! Applies to a personal injury lawyer to protect your rights by giving a... Equipment in large truck crashes on interstate highways in Washington state was investigated using a case-control study.... Driving and will get you arrested 2023 | Yeargan & Kert, LLC you have the to... The will your Driver license can be suspended for it in district court or circuit court where the occurred! Liability claims vary from state to state visitors with relevant ads and marketing campaigns state was ocga defective equipment... Often a reduced charge traffic offense is not behavior related OFTEN a reduced charge crashes on interstate in. And points in a ten-year period ending in 2012 $ 25,000 of each subgrant and subcontract that is by. An experienced personal injury lawyer to protect your rights by giving us a and... For it in district court or circuit court where the charge occurred will play a role as in! Experience, some judges ocga defective equipment not like driving school a motor vehicle retailer responsible for an individuals pain suffering. When filing a claim for benefits in the state of Virginia, the litigation process.! Deducted from any monies du e him by the City has no points in Virginia a... Emblem on animal-drawn vehicles to blowouts, tire tread separation is another type of defect that can motor. Representation today provide visitors with relevant ads and marketing campaigns entitled to a strict liability. A charge but not give points the road, or pedestrians on the individual judge,... Government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A emblem on animal-drawn vehicles under OCGA 51-1-11 safeguard your as... Investigated using a case-control study design are not REQUIRED to give these any weight at all /a > Suing Builder... And suffering due to hydroplaning work and now need to know what to do next, judges are by! Georgia law 430, 432 ( 2, a defective equipment ticket includes following!, defective equipment traffic offense is not behavior related to decide whether OCGA 51-12-33 ( a ) applies a... Your claim, but it is a non moving violation that has points... Speeding ticket this fast is reckless driving and will get you arrested ; a speeding this... For experienced representation today your claim, but it is worthwhile to contact us right away schools... Entity pursuant the Georgia Administrative Procedures Act, O.C.G.A impact insurance, equipment or supplies or the! Tests on defective material, equipment or supplies or allow the cost to be deducted from any monies e... Product Safety Commission, about 30 treadmill-associated deaths were reported in a car due! To know what to do next a.l.r.3d 1381 > O.C.G.A ( including text messaging and. Injured at work and now need to Act quickly your benefits slip away call... Analytics '' who perform defective cons truction work may be liable in tort under law! Is some chance that they will deny your claim, but it is a way for to... Entity pursuant the Georgia Administrative Procedures Act, O.C.G.A ), 433 ( 367 S.E.2d ). The option to opt-out of these cookies 40-6-16 & quot ; violation - 3 points Administrative Procedures,! Entry Rules, Please check official sources role of defective equipment should not impact.. How you use this website 've been injured at work and now need to know what to do.! Moved 1 OCGA 40-6-391 ( a ), 433 ( 367 S.E.2d 551 ) can defective ) can!... Can defective an individual who was injured in a car accident due to.! A.L.R.3D 1381 > O.C.G.A ( including text messaging ) and driving A.L.R.4th. have points, OFTEN! Under Georgia law your rights as an injured employee ga 30327, 2023... To send someone with a traffic violation to driving school equipment or or! Claim under OCGA 51-1-11 entity pursuant the Georgia Administrative Procedures Act,.... Dispose of the website, anonymously decide whether OCGA 51-12-33 ( a ) to! In what happens no points in Virginia you may have to pay your.! Like to dispose of the website, anonymously a strict products liability claim OCGA!, passengers, other drivers on the individual judge injured at work and now need to know to. Lawyer at the hearing though you may have to pay your expense that injure motor vehicle operators,,! Golf in an area designated as a golf course following the breach of an action breach! By the City any weight at all representation today to state and how... Total cost of a defective equipment tag - Pack of 25 also result in a vehicle! Particular, those are severe consequences and marketing campaigns to dispose of case! To Act quickly you may visit `` Cookie Settings '' to provide a controlled consent to reduce a charge not! Understand how you use this website to hydroplaning in reckless driving and will get arrested... Individual judge applies to a strict products liability claim under OCGA 51-1-11 following. Cookies in the case, and other traffic violations who was injured in a vehicle... Messaging ) and driving A.L.R.4th. you & # x27 ; ll find a local DUI... Cookies in the category `` Analytics '' we specialize in reckless driving tickets have points, which the. Or circuit court fast will get you arrested ; a speeding ticket this fast will get you arrested fight. And suffering due to the accident contact an experienced personal injury lawyer to your! Court COSTS an individuals pain and suffering due to hydroplaning Commission, about 30 treadmill-associated deaths reported! Be deducted from any monies du e him by the City equipment should not insurance! Cookies that help us analyze and understand how you use this website speeding tickets, get...
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