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Colorado Court of Appeals Opinions || December 22, 2011

Colorado Court of Appeals -- December 22, 2011
Announcement Sheet

 

 

PUBLISHED OPINIONS

Court of Appeals No. 08CA1884

City and County of Broomfield County District Court No. 07CR200

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Edwin Marsh,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE MILLER

Taubman and Terry, JJ., concur


Court of Appeals No. 10CA1302

Adams County District Court Nos. 09DR2343 & 09JV2609

Honorable Jill-Ellyn Straus, Judge

In the Interest of S.N.V., a Child,

and Concerning C.A.T.C.,

Petitioner-Appellee,

and

N.M.V.,

Respondent-Appellee,

and

B.V.,

Intervenor-Appellant.

JUDGEMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE RUSSEL

Carparelli and Román, JJ., concur


Court of Appeals No. 10CA1744

Fremont County District Court No. 10CV69

Honorable Julie G. Marshall, Judge

Michael G. Kopec,

Plaintiff-Appellant,

v.

Tom Clements, Executive Director of the Colorado Department of Corrections; Rae Timme, Warden of Fremont Correctional Facility; and James Lander, Director of the Sex Offender Treatment and Monitoring Program at Fremont Correctional Facility,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE WEBB

Roy and Fox, JJ., concur


Court of Appeals No. 10CA2234

Adams County District Court No. 09CV1927

Honorable Thomas R. Ensor, Judge

Ferguson Enterprises, Inc.,

Plaintiff-Appellee,

v.

Keybuild Solutions, Inc., f/k/a Rocky Mountain Truss Inc.; Carpenters Service, Inc.; Autumn Landscaping, Inc.; Premier Glass Solutions, Inc.; SC Design, Inc.; Systems Plumbing, LLC; and Colorado Counter-Tops, Inc.,

Defendants-Appellees,

and

Colorado Community Bank,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Lichtenstein and Miller, JJ., concur


Court of Appeals No. 10CA2303

City and County of Denver Juvenile Court No. 08JV2703

Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.N-V., a Child,

and Concerning B.A.N.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE FURMAN

Roy and Lichtenstein, JJ., concur


Court of Appeals No. 11CA0239

Industrial Claim Appeals Office of the State of Colorado

DD No. 31562-2010

Kathleen A. Hopkins,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Colorado Department of Labor and Employment,

Respondents.

ORDER SET ASIDE AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE STERNBERG*

Davidson, C.J., and Rothenberg*, J., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0733

La Plata County District Court No. 06CR362

Honorable David L. Dickinson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jay Dee Russell,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VII

Opinion by JUDGE BERNARD

Russel and Hawthorne, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA0828

Jefferson County District Court No. 07CR3423

Honorable Christopher J. Munch, Judge

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Penny Kae Fox,

Defendant-Appellant.

Judgment Affirmed

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA1197

Arapahoe County District Court No. 08CV817

Honorable Elizabeth A. Weishaupl, Judge

Honorable Kurt A. Horton, Judge

G.W. Merrick & Associates, LLC,

Plaintiff-Appellee,

v.

Paul M. Cartmill,

Defendant-Appellant.

Judgment Affirmed AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA1635

Pueblo County District Court No. 08CR275

Honorable Jill S. Mattoon, Judge

Honorable Garth L. Nieschburg, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Isaiah Anthony Vialpando,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE HAWTHORNE

Russel and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA2065

Weld County District Court No. 08CV624

Honorable Jonathan W. Hays, Judge

Los Zapatistas, Inc., a Colorado non-profit corporation,

Plaintiff-Appellant and Cross-Appellee,

v.

Archdiocese of Denver, a corporation sole,

Defendant-Appellee and Cross-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE BERNARD

Casebolt and Sternberg*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA2200

El Paso County District Court No. 08CR4525

Honorable Gilbert A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carol Lynette Valverde,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE LICHTENSTEIN

Miller and Sternberg*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA2468

Arapahoe County District Court No. 99CR1468

Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rhidale Dotson,

Defendant-Appellant.

ORDERS AFFIRMED

Division VI

Opinion by JUDGE LOEB

Terry and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA2624

Arapahoe County District Court No. 03CR1445

Honorable Vincent White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rocky Lee Glau,

Defendant-Appellant.

SENTENCE AFFIRMED

Division VII

Opinion by JUDGE RUSSEL

Hawthorne, J., concurs

Bernard, J., specially concurs

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0899

Eagle County District Court No. 08CR366

Honorable Frederick W. Gannett

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ian Michael Ranney,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE TERRY

Loeb and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1152

Chaffee County District Court No. 09CR138

Honorable Charles M. Barton, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricardo Vincent Johnson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by JUDGE GABRIEL
Webb and Vogt*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1718

Morgan County District Court No. 09DR199

Honorable Douglas R. Vannoy, Judge

In re the Marriage of

Cody Dale Johnston,

Appellant,

and

Tesa Lian Johnston,

Appellee.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Lichtenstein and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1765

Arapahoe County District Court No. 10CV277

Honorable Carlos S. Samour, Jr., Judge

Courtnee M. Fann,

Plaintiff-Appellant,

v.

Colorado Department of Human Services,

Defendant-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE MILLER

Casebolt and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1800

Pueblo County District Court No. 09CR1879

Honorable Thomas B. Flesher, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Vialpando,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE DAILEY

Graham and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1897

El Paso County District Court No. 02CR1342

Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Scott C. McNally,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Hawthorne, Furman, and Bernard, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1985

Arapahoe County District Court No. 08DR2913

Honorable J. Mark Hannen, Judge

In re the Marriage of

Nurit Lusk,

Appellant,

and

Thomas L. Lusk,

Appellee.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE GABRIEL

Dailey and Graham, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2037

City and County of Denver District Court No. 84CR279

Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ronald D. Lucero,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Hawthorne, Furman, and Bernard, J.J.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2111

Boulder County District Court No. 96CR677

Honorable Maria E. Berkenkotter, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Orlando Rollie,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2582

Arapahoe County District Court No. 10CV38

Honorable John L. Wheeler, Judge

Erik Challeen and Melissa Challeen,

Plaintiffs-Appellants,

v.

Wells Fargo Bank, N.A.,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE GABRIEL

Dailey and Graham, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2619

City and County of Denver District Court No. 07CV7582

Honorable John W. Madden, IV, Judge

Estate of Brian D. Mattingley and Terri L. Kelley, f/k/a Terri L. Wolfe,

Plaintiffs-Appellants,

v.

Joycelyn Lee-Robinson; Stacey Larrabee; Carin Hagman; and Joseph Martinez,

Defendants-Appellees.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division A

Opinion by JUDGE WEBB

Gabriel and Vogt*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2622

City and County of Denver Juvenile Court No. 10JD568

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.S.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Lichtenstein and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2677

Adams County District Court No. 03CR949

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raul Chavez,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE WEBB

Roy and Fox, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0102

Industrial Claim Appeals Office of the State of Colorado

W.C. No. 4-795-135

Morgan Corporation, Zurich American

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado and Willis Duane Landes,

Respondents.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Lichtenstein and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0149

Douglas County District Court No. 08CR552

Honorable Vincent White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Miguel Angel Tenorio,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE FOX

Roy and Webb, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0176

Boulder County District Court No. 08CR1667

Honorable James C. Klein, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Ragin,

Defendant-Appellant.

ORDER AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE GABRIEL

Graham and Márquez*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0284

City and County of Denver District Court No. 07CV7582

Honorable John W. Madden, IV, Judge

Estate of Brian D. Mattingley and Terri L. Kelley, f/k/a Terri L. Wolfe,

Plaintiffs-Appellants,

v.

Stacey Larrabee,

Defendant-Appellee.

ORDER AFFIRMED

Division A

Opinion by JUDGE WEBB

Gabriel and Vogt*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0445

Industrial Claim Appeals Office of the State of Colorado

DD No. 37908-2010

Mike Ruderman,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Sprint United Management Company,

Respondents.

ORDER AFFIRMED

Division C

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0541

Crowley County District Court No. 10CV36

Honorable Michael Schiferl, Judge

Marco A. Rocha,

Plaintiff-Appellant,

v.

Richard Smelser, Warden of the Crowley County Correctional Facility; John Lindig; Carl Atchison; and Joseph Sanchez,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE MILLER

Casebolt and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0573

City and County of Denver District Court No. 10JD910

Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of N.M.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE DAILEY

Graham and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0651

Jefferson County District Court No. 06CR3099

Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Baker,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE J. JONES

Carparelli and Furman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0655

Kit Carson County District Court No. 10CV55

Honorable Douglas R. Vannoy, Judge

Frank Aponte,

Plaintiff-Appellant,

v.

Director, Colorado Department of Corrections; and Warden, Kit Carson County Correctional Facility,

Defendants-Appellees.

ORDER AFFIRMED

Division II

Opinion by JUDGE LICHTENSTEIN

Casebolt and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1009

Jefferson County District Court No. 09JV1301

Honorable Brian D. Boatright, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.C.K., Child,

and Concerning J.D.S. and M.K.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE RUSSEL

Hawthorne and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1222

Archuleta County District Court No. 08JV5

Honorable Gregory G. Lyman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.A.G., Jo.G., and M.G., Children,

and Concerning M.L. and J.G.,

Respondents-Appellants.

JUDGMENT VACATED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE WEBB

Roy and Fox, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1245

Industrial Claim Appeals Office of the State of Colorado

DD No. 7916-2011

Darace Smith,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Amrest, LLC,

Respondents.

ORDER AFFIRMED

Division B

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1302

City and County of Denver Juvenile Court No. 09JV2111

Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.C.V.S., a Child,

and Concerning D.R.S. and M.J.V.M.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE LOEB

Terry and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1337

City and County of Denver Juvenile Court No. 09JV305

Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of B.M.F., a Child,

and Concerning P.G.C.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE HAWTHORNE

Russel and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1544

Industrial Claim Appeals Office for the State of Colorado

DD No. 8067-2011

Laura A. McCauley,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Shamrock Manor, Inc.,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE TERRY

Loeb and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1612

Industrial Claim Appeals Office of the State of Colorado

DD No. 246-2011

Zedekiah J. Gregory,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and ABC Home Health Care, Inc.,

Respondents.

ORDER AFFIRMED

Division B

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1683

Fremont County District Court No. 10JV85

Honorable David M. Thorson, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of I.S., a Child,

and Concerning T.W., and D.S.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE FOX

Roy and Webb, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1774

City and County of Denver Juvenile Court No. 09JV187

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.M.S.B., Child,

and Concerning C.H.,

Respondent-Appellant.

APPEAL DISMISSED

Division VII

Opinion by JUDGE BERNARD

Russel and Hawthorne, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA2170

Industrial Claim Appeals Office of the State of Colorado

DD No. 19134-2011

Mary Ann Thompson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and K-J Supermarket, Inc.,

Respondents.

ORDER AFFIRMED

Division C

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


PETITIONS FOR REHEARING

Court of Appeals No. 10CA0988

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Frank Sandoval,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1189

In the Matter of the Estate of Gregory Alan Kloberdanz, an incapacitated person,

Louise E. Kloberdanz,

Appellant,

v.

Colleen Ann Carmichael and Frank Dale Carmichael,

Appellees.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1408

City and County of Denver, a municipal corporation,

Plaintiff-Appellee,

v.

Vivian Weeks,

Defendant-Appellant.

Petition for Rehearing DENIED

Casebolt, J., would GRANT

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1448

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bedah D. Frey,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0533

The People of the State of Colorado,

Petitioner-Appellee,

v.

Chade Laster,

Respondent-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


* Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2011.

These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.

Colorado Court of Appeals Opinions || December 22, 2011

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