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Colorado Court of Appeals Opinions || November 21, 2013

Colorado Court of Appeals -- November 21, 2013
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.10CA2114
Lincoln County District Court No. 05CR73
Honorable P. Douglas Tallman, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

David Bueno,

Defendant-Appellee.

ORDER AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Navarro, J., concurs
Richman, J., concurs in part and dissents in part


Court of Appeals No.11CA2381
Adams County District Court No. 10CR2834
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ruben Charles Smoots,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART
AND VACATED IN PART

Division V
Opinion by JUDGE GRAHAM
Furman, J., specially concurs
Miller, J., concurs in part and dissents in part


Court of Appeals No.12CA0567
City and County of Denver District Court Nos. 10CV9848, 10CV9874 & 11CV3733
Honorable William W. Hood III, Judge

Tracey Lawless, Robert Hogan, and Terrilynn Mills,

Plaintiffs-Appellants,

v.

Standard Insurance Company; Colorado Public Employees’ Retirement Association; Colorado Public Employees’ Retirement Association Board of Trustees; and Carole Wright, in her official capacity as Trustee; Maryann Motza, in her official capacity as Trustee; and Rick Larson, in his official capacity as Trustee,

Defendants-Appellees.


JUDGMENTS AFFIRMED

Division III
Opinion by JUDGE BOORAS
Dailey and Furman, JJ., concur


Court of Appeals No.12CA1302
Adams County District Court No. 11CV1227
Honorable Robert W. Kiesnowski, Judge

Todd Creek Village Metropolitan District,

Plaintiff-Appellee,

v.

Valley Bank & Trust Company,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE ROTHENBERG*
Dailey and Gabriel, JJ., concur


Court of Appeals No.12CA1628
City and County of Denver District Court No. 11CV2044
Honorable Christina M. Habas, Judge

Colorado Mining Association,

Plaintiff-Appellant,

v.

Christopher E. Urbina, Executive Director of the Department of Public Health and Environment for the State of Colorado; Colorado Department of Public Health and Environment; Colorado Air Quality Control Commission; and Air Pollution Control Division, an agency of the State of Colorado,

Defendants-Appellees,

and

EnCana Oil & Gas (USA); Chesapeake Energy Corporation; Noble Energy, Inc.; Public Service Company of Colorado; Environment Colorado; Environmental Defense Fund; Conservation Colorado; Sierra Club; and Western Resource Advocates,

Intervenors-Appellees.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE ROMÁN
Fox, J., specially concurs
Taubman, J., dissents


Court of Appeals No.12CA1875
City and County of Denver District Court No. 11CV4480
Honorable Herbert L. Stern, III, Judge

Martin Rieger,

Plaintiff-Appellant,

v.

Wat Buddhawararam of Denver, Inc.,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division A
Opinion by CHIEF JUDGE LOEB
Plank* and Nieto*, JJ., concur


Court of Appeals No.12CA2078
Boulder County District Court No. 12JV85
Honorable Roxanne Bailin, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning S.N., a/k/a S.S., and M.A.S., Respondent-Appellants.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE FURMAN
Graham and Miller, JJ., concur


Court of Appeals No.13CA0085
Weld County District Court No. 12CV466
Honorable Daniel S. Maus, Judge

Matthew V. Barnhart,

Plaintiff-Appellant,

v.

American Furniture Warehouse Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE J. JONES
Dailey and Román, JJ., concur


Court of Appeals No.13CA1177
City and County of Denver Juvenile Court No. 12JV2576
Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.J.M., a Child,

and Concerning J.D.G.M.,

Respondent-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE NEY*
Loeb, C.J., and Márquez*, J., concur


UNPUBLISHED OPINIONS

Court of Appeals Nos. 07CA1304 & 08CA0893
Arapahoe County District Court No. 97CR2075
Honorable Charles M. Pratt, Judge

Honorable James F. Macrum, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bobby Lee Gilkey,

Defendant-Appellant.

ORDERS AFFIRMED

Division IV
Opinion by JUDGE BERNARD
Webb and Dunn, JJ., concur

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


Court of Appeals No. 09CA1911
Adams County District Court No. 08CR3125
Honorable C. Vincent Phelps, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Casey Ramone Miller,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Terry and Vogt*, JJ., concur

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


Court of Appeals No. 09CA2199
Jefferson County District Court No. 08CR2076
Honorable M. J. Menendez, Judge
Honorable Jack W. Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Geremy Eugene Gonzales,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE TERRY
Casebolt and Vogt*, JJ., concur

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


Court of Appeals No. 10CA2507
El Paso County District Court No. 89CR3639
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bernard Jones,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Terry and Vogt*, JJ., concur

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


Court of Appeals No. 10CA2608
El Paso County District Court No. 09CR4845
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Quinten Poncho Abeyta,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE TERRY
Ney*, J., concurs
Márquez*, J., dissents

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


Court of Appeals No. 11CA0221
Arapahoe County District Court No. 08CR2081
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Claudia Jimenez-Cedillo,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE FOX
Hawthorne and Booras, JJ., concur

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


Court of Appeals No. 11CA0483
City and County of Denver District Court No. 09CR3518
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Ledon Moore,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Lichtenstein and Miller, JJ., concur

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


Court of Appeals No. 11CA0850
City and County of Denver District Court No. 09CR39
Honorable Edward D. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Quinn Guytan,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE DAILEY
Román and J. Jones, JJ., concur

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


Court of Appeals No. 11CA1051
Arapahoe County District Court No. 09CR1616
Honorable Marilyn L. Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Gibson,

Defendant-Appellant.

JUDGMENTS AFFIRMED

Division III
Opinion by JUDGE DAILEY
Román and J. Jones, JJ., concur

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


Court of Appeals No. 11CA2083
El Paso County District Court No. 11CR181
Honorable Robert L. Lowrey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Eugene Martinez,

Defendant-Appellant.

JUDGMENTS AFFIRMED

Division VI
Opinion by JUDGE FURMAN
Carparelli and Gabriel, JJ., concur

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


Court of Appeals No. 12CA0150
City and County of Denver District Court No. 06CR7162
Honorable Christina M. Habas, Judge

People of the State of Colorado,

Plaintiff-Appellee,

v.

Luis Armand Lares,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE KAPELKE*
Loeb, C.J., and Roy*, J., concur

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


Court of Appeals No. 12CA0390
Weld County District Court No. 11CR1041
Honorable Julie Hoskins, Judge

People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Moreno,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE ROY*
Loeb and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA0841
Adams County District Court No. 04CR1202
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Ray Pierce

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE FOX
Hawthorne and Booras, JJ., concur

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


Court of Appeals No. 12CA0923
El Paso County District Court No. 11CV227
Honorable David A. Gilbert, Judge

Hazhar A. Sayed,

Plaintiff-Appellant,

v.

Colorado Department of Corrections,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE CASEBOLT
Terry and Sternberg*, JJ., concur

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


Court of Appeals No. 12CA0974
Mesa County District Court No. 09CR1636
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donna Elaine Johnson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Furman and Rothenberg*, JJ., concur

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


Court of Appeals No. 12CA1318
City and County of Denver District Court No. 97CR3789
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher M. Mask,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by CHIEF JUDGE LOEB
Kapelke* and Roy*, JJ., concur

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


Court of Appeals No. 12CA1382
Arapahoe County District Court No. 04CR395
Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leantione Dupree Currie,

Defendant-Appellant.

ORDERS AFFIRMED IN PART, REVERSED
IN PART, AND CASE REMANDED WITH DIRECTIONS

Division A
Opinion by CHIEF JUDGE LOEB
Márquez* and Vogt*, JJ., concur

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


Court of Appeals No. 12CA1689
Boulder County District Court No. 10CR394
Honorable D.D. Mallard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Joseph Keeley,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE RICHMAN
Graham and Navarro, JJ., concur

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


Court of Appeals No. 12CA1868
Adams County District Court No. 12DR821
Honorable Peter J. Sapp, Magistrate

In re the Marriage of

Mallory Erin Buss,

Appellee, and

Christopher Brian Buss,

Appellant.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE WEBB
Bernard and Dunn, JJ., concur

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


Court of Appeals No. 12CA1878
Jefferson County District Court No. 10CV5154
Honorable Margie L. Enquist, Judge

Ramona Martinez,

Plaintiff-Appellee,

and

Stevens Law Offices,

Appellee,

v.

Mintz Law Firm, LLC, and Eric Krajewski, Esq.,

Appellants.

ORDER REVERSED, ORDERS VACATED,
AND CASE REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE MÁRQUEZ*
Terry and Ney*, JJ., concur

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


Court of Appeals No. 12CA2216
City and County of Denver District Court No. 09CR4824
Honorable Michael J. Vallejos, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stephanie Leann Stoldt,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE NAVARRO
Graham and Richman, JJ., concur

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


Court of Appeals No. 12CA2370
Arapahoe County District Court No. 11JD252
Honorable Peter W. Booth, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

In the Interest of A.H.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE VOGT*
Casebolt and Terry, JJ., concur

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


Court of Appeals No. 12CA2473
Pueblo County District Court No. 08DR655
Honorable Larry C. Schwartz, Judge

In re the Parental Responsibilities Concerning R.L.R., a Child,

and Concerning Prina Lynn Fitzgerald,

Appellant,

and

David William Riecken,

Appellee.

APPEAL DISMISSED

Division II
Opinion by JUDGE TERRY
Casebolt and Sternberg*, JJ., concur

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


Court of Appeals No. 12CA2591
Industrial Claim Appeals Office of the State of Colorado WC No. 4-713-132

State Farm Fire and Casualty Company, Terry Johnson, and R. Edeltraud Johnson,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado and Rigoberto Almanza,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE VOGT*
Casebolt and Terry, JJ., concur

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


Court of Appeals No. 12CA2612
El Paso County District Court No. 12JV1300
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of E.R., a Child, and Concerning J.R., Respondent-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE FURMAN
Graham and Miller, JJ., concur

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


Court of Appeals No. 12CA2645
Industrial Claim Appeals Office of the State of Colorado WC No. 4-585-674-05

Home Depot USA, Inc., and American Home Assurance,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado and Dean Reynal,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE BERNARD
Webb and Dunn, JJ., concur

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


Court of Appeals No. 13CA0059
Mesa County District Court No. 11JD309
Honorable Thomas M. Diester, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of P.C., Juvenile-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE FOX
Hawthorne and Booras, JJ., concur

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


Court of Appeals No. 13CA0080
Industrial Claim Appeals Office of the State of Colorado WC No. 4-886-126

Mark Orist,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; G4S Secure Solutions (USA), Inc.; and New Hampshire Insurance Company,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE BERNARD
Webb and Dunn, JJ., concur

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


Court of Appeals No. 13CA0111
Jefferson County District Court No. 10CV702
Honorable Dennis J. Hall, Judge

Citywide Banks, a Colorado corporation,

Plaintiff-Appellant,

v.

Evanston Insurance Company, a/k/a Markel Insurance Company, an Illinois corporation, Garnishee,

Appellee.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE RICHMAN
Navarro and Márquez, JJ., concur

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


Court of Appeals No. 13CA0140
Routt County District Court No. 09DR16
Honorable Michael A. O’Hara III, Judge

In re the Marriage of

Holly Boren, f/k/a Holly Day,

Appellant,

and

Kenneth Day,

Appellee.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE STERNBERG
Casebolt and Terry, JJ., concur

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


Court of Appeals No. 13CA0873
Industrial Claim Appeals Office of the State of Colorado DD No. 5545-2013

Jonathan C. Noller,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and 3 Rock Liquors, Inc.,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE FURMAN
Carparelli and Gabriel, JJ., concur

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


Court of Appeals No. 13CA0990
City and County of Denver Juvenile Court No. 12JV558
Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.M.G., a Child,

and Concerning D.R.G., II,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Terry and Vogt*, JJ., concur

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


Court of Appeals No. 13CA1045
Adams County District Court No. 10JV479
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.C-D., a Child,

and Concerning A.C-D.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE ROMÁN
Dailey and J. Jones, JJ., concur

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


Court of Appeals No. 13CA1227
Adams County District Court No. 13JV33
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of E.M., a Child,

and Concerning A.M.M.,

Respondent-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE J. JONES
Dailey and Román, JJ., concur

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


Court of Appeals No. 13CA1252
Industrial Claim Appeals Office of the State of Colorado DD No. 5626-2013

Anastasia M. Vercos,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Academy School District No. 20,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Furman and Sternberg*, JJ., concur

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


Court of Appeals No. 13CA1253
Industrial Claim Appeals Office of the State of Colorado WC No. 4-860-562-04

Landee Zanotelli,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Evraz, Inc., d/b/a Rocky Mountain Steel, d/b/a Rockay Mountain Steel,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE DUNN
Webb and Bernard, JJ., concur

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


Court of Appeals No. 13CA1263
Industrial Claim Appeals Office of the State of Colorado DD No. 2584-2013

Colorado Alliance for Health Equity and Practice, d/b/a CAHEP,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Rahel T. Senulis,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE STERNBERG*
Furman and Gabriel, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 12CA1113

Bross Group, LLC,

Plaintiff-Appellant and Cross-Appellee,

v.

Diana Patrick,

Defendant-Appellee and Cross-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2026 James M. Robinson,

Plaintiff-Appellant,

v.

Valerie Estrada, City and County of Denver Probation Officer; Anita Klein, City and County of Denver Probation Officer; Department of Probation Services, City and County of Denver; and Honorable Raymond N. Satter, Denver County Judge,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2592 John H. James,

Plaintiff-Appellant,

v.

Rick Raemisch, Executive Director of the Colorado Department of Corrections; Warden of Centennial Correctional Facility-South Correctional Facility; Susan Jones; Colorado Department of Corrections Librarian Personnel; Cynthia A. Smith; and Andrea Nichols,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0573 Iryna Petushchak,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Masters Touch Homes,

Respondents.

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. 2013.

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 || November 21, 2013

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