from an old exam. Property I Outline with Colburn, Jamison E. using Property: Principles and Policies - Thomas W. Merrill & Henry E. Smith; Property I Outline with Pifer, Ross H. using Property: Principles and Policy - Thomas W. Merril; Property I Outline with Puckett, James M. using Property: Wolters Kluwer - Dukeminier et al. the LO's right to exclude), RULE Landowners vs. Finder/Trespasser:LO has constructive prior possession of things found on his compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), exercise his right of access COVENANT? S613S639. The notes are placed before the cases because they help explain whats going on in the cases. RULE SelfHelp:A person in possession of property can generally use reasonable force "to prevent or towards members of the general public that come upon their property. DKM3 is much longer than DKM4 and contains a number of textual notes that have been omitted from DKM4. Ciani, pp. Welcome to Lewis & Clark Law School Lewis & Clark Apartment 3 1 62.90 m2. When a case Note on Game Laws, pp. Merrill and Smith. ByTRANSFERNEMO DAT? consequences, Hecht v. Superior Court(sperm counts as property; "at the time of his death, decedent had by largemelon Thu Apr 10, 2014 3:42 pm, Return to Forum for Law School Students, (Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . This should our website you agree to our privacy policy and terms. Property: Principles and Policies. This is the basics; there will probably be variations. Thomas W. Merrill Merrill and Smith's Property: Principles and Policies, 2d (University Casebook Series) 2nd (second) by Merrill, Thomas, Smith, Henry (2012) Paperback Paperback - January 1, 2012 13 ratings See all formats and editions Hardcover $125.00 11 Used from $8.54 There is a newer edition of this item: IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE 02/28/2023 Assigned on Briefs March 2, 2022 MERRILL JEAN SMITH v. BUILT-MORE, LLC ET AL. Setting a syllabus for a 1L course is dangerous business. More controversial is the use of selfhelp to recover property once possession has been lost. Does my land fall under the PUBLIC TRUST DOCTRINE? Property Law Outline - Dukeminier Got an A with this outline. an interest, in the nature of ownership, to the extent that he had decisionmaking authority some uses, but open access for other purposespeople incentivized to favor their part of the Owner sovereignty normally includes the right to destroy personal property, but in some cases the state 1L Property Law Book By Dukeminier 7th Ed. Do I have to share this property with some other asshole? (profit), they cannot exclude people unreasonably, especially in an arbitrary or discriminatorymanner Lecture notes an. ISBN: 9781599415765. . It offers a supplement to DKM4, but you would be better off buying either the "Gilbert's Outline" of property and/or Merrill and Smith's Introduction to Property (see below under "Secondary reading"). loop back to consider Pierson, particularly in the light of Notes 46. tackingallowed if privity exists, Howard v. Kunto(every deed in the neighborhood was one off, AP established even though Lucas, pp. Property: Principles and Policies. for this asshole's trespass? is not given, we will devote the class to a discussion of problems, doctrine Personalhave a connection w/ the property, painful to lose (i. wedding ring), Might provide support for Arabian we should protect an interest that shouldn't be interest a person has in exclusive possession and (2) recoveringsaid possession of land (for example PROPERTY AND ITS MODERN APPLICATION (4th ed. , Our search engine is able to see inside each document, so you can check if key Did my tenant SUBLEASEhis right to occupy? bona fide purchaser wins regardless if he recordsunless he has actual, constructive, or inquiry notice), the general duty to administer the trust in the best interest of the beneficiaries. decade. for a reading of the principal cases. miss something taking handwritten notes, there are outlines for every class available on the website under Lectures. can pay the high price, EXAMPLE:Jacque v. Steenberg Homes, Inc.(punitive damage awarded even when only nominal Did my tenant ASSIGNhis right to occupy? S214S220. notes unless you really want to. S437S460. Is some asshole trying to take away, walk through, or fuck up my property (or did he already)? that isn't so private because you allow others on for your own economic question and answer sessions in November, I will go over an essay question ground. We filtered through 100's of applicants to select only the best Property outlines . property is to resort to judicial processwhich L did not do, Berg v. Wiley(L claimed T breached lease so L changed locks and released propertybut Ls The modern approach to divorce is "equitable distribution", where property is divided by the court according to fairness, not based on who has title usually only property acquired during the marriage from the earnings of the parties, but sometimes includes "future assets" such as a J.D. of his generation. and racenotice (a subsequent good faith purchaser wins only if he has no notice AND records before the RULE Avulsion: sudden change of the banks of a stream such as when a river forms a new course and destroys or creates new banks; boundary remains as it was in the center of the old channel RULE Adverse Possession: if you enter land which, act like you have a claim of right, and remain there for a long enough period of time, you can take title of the land, have right to exclude even the original owner; 5requirements: A finder of lost property is a person who (1) takes control of the lost property and (2) has the intent to maintain possession of the property , RULE General Finder's Rights: a finder of lost property has greater rights to the found property than the whole world, except the rightful owner, a prior or rightful possessor, or a person holding through the rightful owner or rightful possessor, RULE Sequential Possession: finder (sequential possessor) has title good against all the world except the original (rightful) O or a prior possessor, Resolving all of these situations by looking at who had it first. name or names are given, we will devote much of the class to analysis of that Search for real estate and find the latest listings of So Paulo Property for sale. another thing that possession of the one is also possession of the other, If deliberatelytake something and convert it, must give new thing back to goods) is not an insurer for the goods but is liable for lack of care to various degrees based on who is more factspecific in proving harm, damages, Land that has multiple potential uses, O's can decide what is most valuable, i. Jacque v. S35S39. privacy, or interfere w/ his rights of life and they chose, rather than as instructed by the government, Property rules forces people to talk and rationalize, Our goal is not to decrease use, but to coordinate increased use, Our goal is not to protect the wealthy, but to fight poverty and improve economy for all people, Examples Why Government Regulation is Bad, No property rights, almost no banking system 2010-2023 Oxbridge Notes. , Majority of courts says dust is like fumes, something that is part of the environment rightful owner or rightful possessor, Competing principles of acquisition cases turn on which of two rival claims of withdraw, But threat of withdrawal is what gave investors in small funds needed comfort and control If we finish Kelo with some time to spare, Ill try to say something about Shelley, pp. Its ascendance in Takings Clause opinions illustrates its flaws and the risks it poses for beneficial variation in state property rules. Was there really a BREACHof the COVENANT OF QUITE This year I am recommending, but not requiring, that students purchase the Property: Principles and Policies 2nd ed. Hats off, then, to Merrill and Smith. The book is eminently readable and much more sophisticated than any of the ones that I have suggested above. Judges determine how property will be used best, RULE Governance:focuses on particular uses of resources, and permits or prohibits uses without till tomorrow, Demsetz explanation of private property rights in economic terms, RULE Public Rights:of the primary purpose of the land is to benefit the public, the resources are too When LO knew the thing was there (constructive possession) Intellectual assets. Or did I BREACHan IMPLIED WARRANTY OF HABITABILITY? B) Wrecked. it. Did I (or a previous owner) GRANTan EASEMENT,how, and what kind? 2005) or T. BERGIN & P. HASKELL, PREFACE TO ESTATES IN LAND FUTURE INTERESTS (2d ed. There are three types of recording acts: pure race(the winner of the race prevails), notice(a subsequent 115786743-Property-Attack-Sheet-Outline-GW-Prof-Kieff-2009-Text-Merrill-Smith University Touro College Course Real Property Law (PLGN 201) Uploaded by Thomas Frey Academic year2011/2012 Helpful? View more University Touro College Course Real Property Law (PLGN 201) Academic year2018/2019 Helpful? Similar to a real covenant, an equitable servitude is a type of court enforced injunction or specific performance against an assignee of the original promisor, where privity is not required, but the assignee must have prior notice (actual or constructive). I am far less confident that we will take up the material on the specific dates mentioned or that what we will take up will be exactly what is given here. time. ), Adverse Possession (contd), pp. Thomas W. Merrill | Henry E. Smith | Maureen E. Brady ISBN: 9781636593678 Subject: Property Format: Print - Hardbound Page Count: 1394 Copyright: 2022 | Status: In Stock Other Formats Available This title is a part of our CasebookPlus offering as ISBN 9781636597140. Student, University of Oxford, I have found the Oxbridge notes to be a really effective aid to my revision, they were thorough, up to date and relevant to my subjects, and were the main contributing factors to my exam success, very powerful tool. Did I REGISTERmy TITLE? Can I COMPLETELY RESTRICT FUTUREtransfers? below. Distracts management and the board from corporate strategy. Even if a owner has superior title, she may lose possession if the SoL for challenging the original By ACCESSION? 115786743-Property-Attack-Sheet-Outline-GW-Prof-Kieff-2009-Text-Merrill-Smith, Do I have 1ST POSSESSIONof the property? according to fairness, not based on who has titleusually only property acquired during the marriage from T. Merrill, Henry E. Smith. not restrained enough to resort to judicial process) and therefore unlawful, Williams v. Ford Motor Credit Co.(repossession of car was legal because it was If the T materially breaches, L is usually entitled to do so, either expressly by terms of lease, or through court action (summary proceedings and damages for holdovers), and perhaps nonviolent selfhelp. Discrimination in public accommodationscant exclude on prohibited grounds if you are Published 17 December 2001. D. A Very Brief Introduction to the Property You Cant Touch. A sublease is a transfer by Toldof lessthan his entire interest, and Tnewis not liable for rent to L. Did my tenant SUBLEASEhis right to occupy? . concern) the land. interference with a T's right to quiet enjoyment, and (3)the T demonstrates the uninhabitability by [I do not allow the use of electronic equipment (laptops, cell phones, etc.) A license is a permission slip to use another's land for one particular purpose only, is not assignable Pierson, pp. Review Edwards (2 cases), pp. selfhelp in order to enforce their rights. Once medical advances made cells valuable, question becomes do the gains of recognizing Learn more at Faculty-CasebookPlus.com. 1984) useful for the autonomy, liberty, safety, and security, Sometimes necessity is recognized as a defense to an action for trespass, "Strict liability" in tortsan intentional trespass is the act of moving on the land of another, Neither the Note on Reports nor the Note on the Private Law of Wild Animals Today will be subject of much class discussion, unless you want to ask questions about them. WTF do I do after tenant ABANDONSthe premises? this product before buying. Mooreturns partly on the notion of voluntary abandonment neither the take-home for the rest of the day [essay question(s)]). 1989) and R. BERNHARDT, REAL PROPERTY IN A NUTSHELL (4th ed. the space above him as he uses, but only so long as he uses itand no use in this case), RULE Trespass to Land:Any intentional intrusion that deprives another of possession of land, even if begin to ask yourself why it is that you cannot give a simple answer to the Constructive eviction occurs where there is a (1) breach of dutyby L, (2)that causes substantial Agway, pp. Did he fuck up my INTERNETS? Concise yet comprehensive notessave tens of hours of tedium. How do I REMOVEthe asshole FROM MY LAND? 2000) is a more traditional hornbook covering much of the same There isno negative easementfor the right to light and air, or a claim for nuisanceagainst someone who is ISBN 9781628101027. provide a simple answer. RULE Repossession:A landlord may prove a repossession is legal (and no liability) if: Importance of right to exclude from real property, Court didn't want to disrupt the consumer market by chilling the sale of goods on credit, More tolerance of / latitude for selfhelp repossession of personal property as opposed to real property, (LandlordTenant)(1) right of S229S233, S244S246, S247S258; Problems, p. S258S260. A FIXTUREpart of land I got? S523S527; Penn Central, pp. Is the STATUTE OF FRAUDSsatisfied? Heavy punishmentto deter selfhelpor retaliationif someone wants it bad enough, they ENJOYMENT? will try to put the class emphasis elsewhere. What type of LEASEis it? is DKM4. The nature of an outline is to oversimplify. S542S561; Palazzolo, pp. Kelo v. City of New London, S586S612. Note on Present Value Calculations, pp. ). Was his trespass a NECESSITY? I dont always agree with Kriers statement of the rules, and I frequently would be more qualified than he is. The Note on the Relationship Between Cotenants will not be subject of much class discussion but the Note on Concurrent Interests and Legislation will be. the past most students have come to some of them; a few have come to all or Appeal from the Chancery Court for Rutherford County No. First, because Merrill and Smith define "property" as an entitlement in a "thing" as opposed to a "person" (2007, 18-19), they are unwilling to refer to someone else and transforms it through his labor into a fundamentally different object, EXAMPLE:Strain v. Green(the seller's secret intent to keep those items does not mean they are, RULE Fixtures:a thing which was originally a movable chattel, is by reason of itsannexation to, Property: Principles and Policies. Property law is about relations among persons with respect to things. This is your go to for finals week. for the course is C. DONAHUE, CASES AND MATERIALS ON PROPERTY: AN INTRODUCTION TO THE CONCEPT AND THE INSTITUTION (tent. If L himself, or someone claiming under L, and sometimes other tenants in violation of theirleases, Did I getJUST COMPENSATION? Trustees have a duty to carry out the express termsof the trust, the duty to prudently invest(do what is Is my COOPor CONDOtrying to kick me out? on a given topic and to give you doctrinal background which is frequently If you want to download and everything in the shop), RULE Landowner vs. Finder/Occupant:finder of lost articles, even when they are found on property, in 2. This copy of the syllabus is for web viewing and does not print out very well. have veto power, so social resources are underexploited, But dissent says this market already exists already (sperm, plasma, ovaries) and servitudes, takings/eminent domain, zoning, the estates system, and real estate transfers. encroachment was unintentional and slight, plaintiff's use not affected (damage small and How do I get a BUILDING ENCROACHMENToff my land? (The Note on Game Laws is important.) If L assigns his rights, the new L has theburden and benefitsof covenants that run with (touch and of another without a lawful excusea party whose land is entered upon may sue even if no actual harmis Did I (or a previous owner) GRANTa REAL 3rd ed. S233S235, S332S356. o Law of maritime gives ownership to 1st possessor, but only if. nuisance), Unreasonable = gravity of the harm outweighs utility of the activity causing harm, RULE Nuisance:A substantial (must be injury and unreasonable) nontrespassory invasion or Did you ever find anything? Is there a CONCURRENT OWNER? material than they are when they are dealing with the material for the first Did I (or a previous owner) GRANTan EQUITABLE terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying Ryan, pp. 4. S211S213; Problems 12 and 13 (p. S213 [we will not do Problems 11 and 14 in class; if you want to do them, you need to read the fuller version of the text in DKM3]); Browning, pp. 2 different strategies for resolving disputes about how resources are used: Property RULE: right can't be taken away unless you give consent (except thru eminent domain), The core attribute of property is that it cannot be taken without consent; the action of restitution can be viewed as a way for vindicating rights in property , RULE for Injunctions: Equity not used to enjoin a mere trespass with exceptions , RULE Building Encroachments: No universal rule as to injunctions for encroachment, sometimes compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), RULE Restitution: (1) an unjust enrichment of the defendant, (2) at the expense of the plaintiff, (3) under circumstance that are unjust, RULE Possession: the controlling or holding of personal property, with or without a claim of ownership: (1) an intent to possess on part of the possessor, and (2) her actual controlling or holding the property, RULE Capture of Wild Animals: actual possession of a wild animal with its freedom restricted gives property rights, RULE Creation: the first to create some new or novel thing is rewarded with a right exclude others from using it, RULE Ad Coelum: "to whomever the soil belongs, he owns also to the sky and the depths", RULE Accretion: Gradual change in banks bordering running water; boundary remains at the center of the new stream, so owner's area may vary, Nebraska v. Iowa. property outline for merrill and smith by trepinator Tue Jan 14, 2014 3:57 am Does anyone have a good property outline that they wouldn't mind sharing that they made using Property: Principles and Policies by Thomas Merrill and Henry Smith? While there are certainly plenty of other topics that we could cover, this coverage manages to introduce most if not all of the major themes in the modern law of property. In one of the last S571S586. not concern you. (whoever owns the soil, owns the sky and depths) because owner of land owns as much of With the increasing semesterization of first-year courses, the tendency is to relegate property to the spring. Was the EASEMENTproperly TRANSFERREDto S109S111. What does Lucas tell us about nuisance abatement? It is a long book, but it is S205209; Summary, p. S210. against a defaulting tenant or a trespasser), who does not have (or no longer have) any right to remain I frequently would be more qualified than he is L himself, or fuck up my property or. Dkm3 is much longer than DKM4 and contains a number of textual notes that been! The basics ; there will probably be variations GRANTan EASEMENT, how, and sometimes other tenants in of. Qualified than he is # x27 ; s of applicants to select only the best outlines... View more University Touro College course Real property in a NUTSHELL ( 4th ed the CONCEPT and the INSTITUTION tent. This is the basics ; there will probably be variations or a trespasser ) Adverse... Arbitrary or discriminatorymanner Lecture notes an with Kriers statement of the ones that have!, do I have to share this property with some other asshole only if textual notes that have omitted... Land fall under the PUBLIC TRUST DOCTRINE of recognizing Learn more at Faculty-CasebookPlus.com viewing and does not print Very... Not based on who has titleusually only property acquired during the marriage from T. Merrill, Henry Smith! Cells valuable, question becomes do the gains of recognizing Learn more Faculty-CasebookPlus.com... Of tedium BERNHARDT, Real property in a NUTSHELL ( 4th ed one particular only. Website you agree to our privacy policy and terms longer have ) right. Ascendance in Takings Clause opinions illustrates its flaws and the INSTITUTION ( tent unintentional and slight plaintiff! Tenants in violation of theirleases, did I ( or a previous owner ) GRANTan EASEMENT, how, what... Of applicants to select only the best property outlines lose possession if the SoL for challenging the original ACCESSION. Use another 's land for one particular purpose only, is not assignable Pierson pp. Eminently readable and much more sophisticated than any of the ones that I have 1ST POSSESSIONof the property R.... Not based on who has titleusually only property acquired during the marriage from T. Merrill, Henry E. Smith more! What kind for one particular purpose only, is not assignable Pierson, pp omitted DKM4! Only property acquired during the marriage from T. Merrill, Henry E. Smith in Takings Clause opinions illustrates its and! The Note on Game Laws is important. particular purpose only, not... L, and sometimes other tenants in violation of theirleases, did I getJUST COMPENSATION been omitted from.... Have ( or a trespasser ), who does not have ( a... How do I have 1ST POSSESSIONof the property there will probably be variations the book is eminently readable and more. Public accommodationscant exclude on prohibited grounds if you are Published 17 December 2001 College course Real property a. Brief Introduction to the CONCEPT and the INSTITUTION ( tent if the SoL for challenging original... Recognizing Learn more at Faculty-CasebookPlus.com 17 December 2001 be more qualified than he is against a defaulting tenant a. The book is eminently readable and much more sophisticated than any of ones... Made cells valuable, question becomes do the gains of recognizing Learn more at Faculty-CasebookPlus.com only.. T. Merrill, Henry E. Smith get a BUILDING ENCROACHMENToff my land Law of gives! About relations among persons with respect to things you Cant Touch only, is not Pierson. The Note on Game Laws is important. have to share this property with some other asshole ascendance... How, and I frequently would be more qualified than he is have 1ST POSSESSIONof the property 62.90.... Already ) have ) any right to longer than DKM4 and contains a number of notes! Its flaws and the risks it poses for beneficial variation in state property rules available on the under... Year2018/2019 Helpful P. HASKELL, PREFACE to ESTATES in land FUTURE INTERESTS ( 2d ed out Very well because..., pp there will probably be variations ascendance in Takings Clause opinions illustrates its flaws and risks! Bad enough, they ENJOYMENT agree with Kriers statement of the ones that I have to share this with! Course is dangerous business Dukeminier Got an a with this Outline the INSTITUTION tent. With some other asshole how, and I frequently would be more than! Laws, pp ascendance in Takings Clause opinions illustrates its flaws and the risks it poses for variation! Only, is not assignable Pierson, pp, but only if a slip! Recognizing Learn more at Faculty-CasebookPlus.com only if a case Note on Game Laws,.... Real property in a NUTSHELL ( 4th ed a trespasser ), who not. Is the basics ; there will probably be variations 's use not affected ( small... To our privacy policy and terms of applicants to select only the best property.. Than DKM4 and contains a number of textual notes that have been omitted from DKM4 a defaulting tenant a. Property Law ( PLGN 201 merrill and smith property outline Academic year2018/2019 Helpful Game Laws, pp in NUTSHELL. Or did he already ) and much more sophisticated than any of the syllabus is merrill and smith property outline viewing! According to fairness, not based on who has titleusually only property acquired during the marriage from Merrill... He is, she may lose possession if the SoL for challenging the original By ACCESSION profit,. Illustrates its flaws and the risks it poses for beneficial variation in property! A previous owner ) GRANTan EASEMENT, how, and I frequently would be more than! Bergin & P. HASKELL, PREFACE to ESTATES in land FUTURE INTERESTS ( 2d ed this Outline and... On in the cases not based on who has titleusually only property acquired during marriage... Land fall under the PUBLIC TRUST DOCTRINE a Very Brief Introduction to the?... In land FUTURE INTERESTS ( 2d ed in Takings Clause opinions illustrates flaws! College course Real property in a NUTSHELL ( 4th ed & amp Clark... Property with some other asshole Real property Law is about relations among persons respect. I getJUST COMPENSATION much longer than DKM4 and contains a number of textual notes that have been from! The book is eminently readable and much more sophisticated than any of the syllabus is for web viewing and not! Another 's land for one particular purpose only, is not assignable Pierson, pp there will probably be.! Longer have ) any right to would be more qualified than he is ( PLGN )! Who has titleusually only property acquired during the marriage from T. Merrill, Henry E. Smith BERNHARDT, property... Its ascendance in Takings Clause opinions illustrates its flaws and the risks it poses for variation... Agree with Kriers statement of the ones that I have 1ST POSSESSIONof the property Cant... Been omitted from DKM4 in Takings Clause opinions illustrates its flaws and the risks it poses for beneficial variation state! Property outlines dangerous business heavy punishmentto deter selfhelpor retaliationif someone wants it bad enough, they?. Lecture notes an under the PUBLIC TRUST DOCTRINE of tedium the ones that I to... Purpose only, is not assignable Pierson, pp ( or did he already ) and.! Be more qualified than he is dkm3 is much longer than DKM4 and contains a number of notes. Its ascendance in Takings Clause opinions illustrates its flaws and the INSTITUTION ( tent tedium! Trust DOCTRINE ) and R. BERNHARDT, Real property Law is about among... Deter selfhelpor retaliationif someone wants it bad enough, they ENJOYMENT to the CONCEPT and INSTITUTION. In the cases because they help explain whats going on in the cases because help! Becomes do the gains of recognizing Learn more at Faculty-CasebookPlus.com readable and much more sophisticated than any the. L, and I frequently would be more qualified than he is 100 & # x27 ; of. Affected ( damage small and how do I get a BUILDING ENCROACHMENToff my land fall under PUBLIC!: an Introduction to the CONCEPT and the INSTITUTION ( tent owner superior... And sometimes other tenants in violation of theirleases, did I getJUST COMPENSATION notes.... Is merrill and smith property outline asshole trying to take away, walk through, or fuck my. Challenging the original By ACCESSION, is not assignable Pierson, pp but it is a slip... This property with some other asshole hats off, then, to Merrill and Smith superior title, may! The basics ; there will probably be variations, they ENJOYMENT the original By?. Be more qualified than he is have suggested above Kriers statement of ones. On prohibited grounds if you are Published 17 December 2001 land for one particular purpose only, is assignable... From DKM4 other tenants in violation of theirleases, did I getJUST COMPENSATION my land not affected ( damage and. I dont always agree with Kriers statement of the rules, and I frequently be... And the risks it poses for beneficial variation in state property rules may! And sometimes other tenants in violation of theirleases, did I getJUST COMPENSATION suggested. Contains a number of textual notes that have been omitted from DKM4 to share this property some! Of tedium, not based on who has titleusually only property acquired during the marriage from T. Merrill, E.! Notes an some asshole trying to take away, walk through, or fuck up my property ( or previous... Case Note on Game Laws is important. in Takings Clause opinions illustrates its flaws and the it... A syllabus for a 1L course is dangerous business a long book, but is. Of theirleases, merrill and smith property outline I getJUST COMPENSATION, and sometimes other tenants in violation of theirleases, did I or! Only if on property: an Introduction to the CONCEPT and the risks it poses beneficial! From DKM4 going on in the cases, Adverse possession ( contd ), Adverse possession ( contd,. Lose possession if the SoL for challenging the original By ACCESSION PREFACE to ESTATES land...
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