Case information
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25075
Gerald James Phillips, et al. v. Her Majesty the Queen, et al.
(Nova Scotia) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-07-31 | Appeal closed | |
| 1997-04-23 | Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax) | |
| 1997-04-23 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1997-04-23 | Copy of formal judgment being prepared, Lang, Michener (Ottawa, ON) | |
| 1997-04-23 | Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON) | |
| 1997-03-21 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1997-03-21 | Notice of deposit of judgment sent to all parties, Lang, Michener | |
| 1997-03-21 | Notice of deposit of judgment sent to all parties, Beament, Green, Dust | |
| 1997-03-20 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, Subject to the direction regarding costs, the appeal is dismissed and the order directing the new trial is confirmed, McLachlin and Major JJ. dissenting. The appellants should recover their reasonable legal costs of the proceedings to date and should be paid the reasonable legal costs incurred in the new trial. Dismissed, no order as to costs |
|
| 1996-12-10 | General proceeding, transcripts received and distributed to the judges (81 pages) | |
| 1996-11-26 |
Hearing of the appeal, 1996-11-26, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1996-11-25 | General proceeding, 12 copies of CONDENSED BOOK OF EVIDENCE AND AUTHORITIES | Her Majesty the Queen |
| 1996-11-25 | Correspondence (sent by the Court) to, (by fax) dated Nov. 25/96 from Stephen Grace (Beament Green) re: counsel appearing at the hearing | |
| 1996-11-25 | General proceeding, 12 copies of vol. 1 and 2 of CONDENSED CHARTER SUBMISSIONS | Gerald James Phillips |
| 1996-11-25 | General proceeding, 12 copies of CONDENSED RECUSAL SUBMISSIONS | Gerald James Phillips |
| 1996-11-25 | General proceeding, to note 12 copies of CONDENSED BOOK OF EVIDENCE & AUTHORITIES | Roger James Parry |
| 1996-11-14 |
Decision on motion for additional time to present oral argument, Co, - The appellants Roger James Parry and Gerald James Phillips are to have one hour each to make their submissions on this appeal. This order is subject to the condition that these submissions are to be distinct in that they are to raise different issues. They must not duplicate each other or be repetitious in their content Granted, no order as to costs |
|
| 1996-11-14 | Hearing of motion for additional time to present oral argument, 1996-11-14, Co | |
| 1996-11-14 | Submission of motion for additional time to present oral argument, 1996-11-14, Co | |
| 1996-11-05 | Response to the motion for additional time to present oral argument, for additional time of 1 hour (Beament, Green) (fax copy), Completed on: 1996-11-05 | Her Majesty the Queen |
| 1996-10-30 | $50.00 filing fee for notice of motion, receipt #32901 | Gerald James Phillips |
| 1996-10-30 | Affidavit, N. Kent Clark, with service | Gerald James Phillips |
| 1996-10-30 | Motion for additional time to present oral argument, With service, Completed on: 1996-10-30 | Gerald James Phillips |
| 1996-10-29 | Notice of hearing, With service | Gerald James Phillips |
| 1996-10-28 | Response to the motion for additional time to present oral argument, (original received on Oct. 31, 1996), Completed on: 1996-10-28 | Her Majesty the Queen |
| 1996-10-28 | Proof of service, of Vols. 1 and 2 of the Case on Appeal References | |
| 1996-10-21 | Affidavit, 2 copies; John A. McKinlay, with service | Roger James Parry |
| 1996-10-21 | $50.00 filing fee for notice of motion, receipt #32828 | Roger James Parry |
| 1996-10-21 | Motion for additional time to present oral argument, 2 copies, with service, Completed on: 1996-10-21 | Roger James Parry |
| 1996-10-17 | Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument | |
| 1996-10-16 | Correspondence (sent by the Court) to, from John A. McKinlay; re: corrections to be made to the factum sent to CJ LaF L'HD So G Co McL I Ma oct 16/96 | |
| 1996-10-16 | General proceeding, 12 copies of vols. 1 and 2 of Case on Appeal References | Roger James Parry |
| 1996-10-10 |
Appeal hearing scheduled, 1996-11-26 Decision reserved |
|
| 1996-10-01 | Correspondence (sent by the Court) to, sent to Blois, Nickerson & Bryson (Halifax, NS) enclosing copy of notice to the profession dealing with condensed books c.c. Lang, Michener | |
| 1996-10-01 | Correspondence (sent by the Court) to, sent to Nova Scotia Legal Aid (Halifax, NS) enclosing copy of notice to the profession dealing with condensed books c.c. Burke-Robertson | |
| 1996-10-01 | Correspondence (sent by the Court) to, sent to Dept of Justice (Halifax, NS) enclosing copy of notice to the profession dealing with condensed books c.c. Beament, Green, Dust | |
| 1996-10-01 | Correspondence (sent by the Court) to, sent to Garson, Knox & MacDonald (Halifax, NS) enclosing copy of notice to the profession dealing with condensed books c.c. Beament, Green Dust | |
| 1996-09-30 |
Decision on motion to adduce new evidence, G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1996-09-30 | Hearing of the motion to adduce new evidence, 1996-09-30, G Co McL Ia Ma | |
| 1996-09-30 | Submission of motion to adduce new evidence, 1996-09-30, G Co McL Ia Ma | |
| 1996-09-27 | Proof of service, of memorandum of argument on new evidence | |
| 1996-09-26 | Respondent's argument on the motion to adduce new evidence, 10 copies | Her Majesty the Queen |
| 1996-09-25 | Correspondence (sent by the Court) to, fron Lang, Michener re: names of counsel appearing at the hearing of motion for new evidence | |
| 1996-09-25 | General proceeding, 11 copies of BOOK OF AUTHORITIES ON MOTION FOR NEW EVIDENCE | Roger James Parry |
| 1996-09-25 | Appellant's argument on the motion to adduce new evidence, 11 copies | Roger James Parry |
| 1996-09-19 | Affidavit, of G. Arthur Theuerkauf in reponse to the motion for new evidence 10 copies (bookform) | Her Majesty the Queen |
| 1996-09-19 | Affidavit, of Herman C. Felderhof in response to the motion for new evidence (10 copies) | Her Majesty the Queen |
| 1996-09-16 | Proof of service, of the supplementary affidavit of John A. McKinlay (service admitted on Sept. 11/96) (fax copy) | |
| 1996-09-11 | Affidavit, of John A. McKinlay (SUPPLEMENTARY) re: motion to adduce new evidence - 10 copies (wait for service and respondent`s position) | Roger James Parry |
| 1996-09-04 | Proof of service, of the respondent`s factum and book of authorities by the appellants | |
| 1996-08-29 | Book of authorities, 10 copies, Completed on: 1996-08-29 | Her Majesty the Queen |
| 1996-08-28 | Respondent's factum, 24 copies (RESPONDING TO PHILLIPS), Completed on: 1996-08-28 | Her Majesty the Queen |
| 1996-08-13 |
Decision on motion to extend time, to file the factum & authorities to Aug 2/96, Ia Granted, no order as to costs |
|
| 1996-08-13 | Hearing of motion to extend time, 1996-08-13, to file the factum & authorities to Aug 2/96, Ia | |
| 1996-08-13 | Submission of motion to extend time, 1996-08-13, to file the factum & authorities to Aug 2/96, Ia | |
| 1996-08-13 | Book of authorities, 10 copies, Completed on: 1996-08-13 | Her Majesty the Queen |
| 1996-08-13 | Respondent's factum, 24 copies (RESPONDING TO PARRY), Completed on: 1996-08-13 | Her Majesty the Queen |
| 1996-08-13 | Order on motion to extend time, to file the factum | |
| 1996-08-12 | Response to motion to extend time, to file the appellant's factum to August 2/96, Completed on: 1996-08-12 | Her Majesty the Queen |
| 1996-08-08 | Proof of service, of factum and book of authorities of Gerald James Phillips | |
| 1996-08-08 | $50.00 filing fee for notice of motion, receipt #32412 | Gerald James Phillips |
| 1996-08-08 | Affidavit, to serve and file the factum and book of authorities to Aug. 2/96; 2 copies; N. Kent Clarke, with service | Gerald James Phillips |
| 1996-08-08 | Motion to extend time, to serve and file the factum and book of authoriti es to Aug. 2/96; 2 copies, with service, Completed on: 1996-08-08 | Gerald James Phillips |
| 1996-08-06 | Appeal perfected for hearing, Session beginning on 1996-09-30 | |
| 1996-08-02 | Book of authorities, 10 copies, with service, Completed on: 1996-08-02 | Gerald James Phillips |
| 1996-08-02 | Appellant's factum, 24 copies (extension of time requested), with service, Completed on: 1996-08-02 | Gerald James Phillips |
| 1996-07-23 | Proof of service, (acknowledgement of service) of the motion to adduce new evidence | |
| 1996-07-22 | Correspondence (sent by the Court) to, from Blois, Nickerson to A. Roland, letter dated July 22/96 (fax copy) re: the filing of the factum will be delayed; also, CONSENTS on extension of time for the Respondent if necessary | |
| 1996-07-19 | Certified casebook, (1 copy), with service | |
| 1996-07-16 | Case on appeal, 23 copies (service admitted on July 15/96), with service | Gerald James Phillips |
| 1996-07-15 | Affidavit, 10 copies (bookform) (of John A. McKinlay) | Roger James Parry |
| 1996-07-15 | Motion to adduce new evidence, 10 copies (to be heard at the opening of the hearing), Completed on: 1996-07-15 | Roger James Parry |
| 1996-07-15 | $50.00 filing fee for notice of motion, to add fresh evidence receipt #32353 | Roger James Parry |
| 1996-06-25 | Proof of service, of factum and book of authorities (admitted on June 14/96) | |
| 1996-06-14 | Book of authorities, 10 copies, Completed on: 1996-06-14 | Roger James Parry |
| 1996-06-14 | Appellant's factum, 24 copies (see order of May 28/96), Completed on: 1996-06-14 | Roger James Parry |
| 1996-06-10 | Correspondence (sent by the Court) to, from Nova Scotia Legal Aid to A. Roland, letter dated June 10/96 (fax copy) re: counsel arranged for Phillips, sent to CJ LaF L'HD So G Co McL I Ma June 11/96 | |
| 1996-06-03 | Proof of service, of Case on appeal (admitted on May 26/96) | |
| 1996-05-30 | Correspondence (sent by the Court) to, of the Registrar to William B. Digby, Q.C. (Nova Scotia Legal Aid Executive Director) re: funding to Mr. Phillips | |
| 1996-05-28 |
Decision on miscellaneous motion, on behalf of Mr. Phillips for an order dismissing the respondent's motion to dismiss (see order of same date), CJ LaF L'HD So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1996-05-28 | Hearing of miscellaneous motion, 1996-05-28, on behalf of Mr. Phillips for an order dismissing the respondent's motion to dismiss (see order of same date), CJ LaF L'HD So G Co McL Ia Ma | |
| 1996-05-28 | Submission of miscellaneous motion, 1996-05-28, on behalf of Mr. Phillips for an order dismissing the respondent's motion to dismiss (see order of same date), CJ LaF L'HD So G Co McL Ia Ma | |
| 1996-05-28 |
Decision on miscellaneous motion, on behalf of Mr. Phillips for the appointment of counsel, adjourned to June 12/96 (see order of same date) Traversed, no order as to costs |
|
| 1996-05-28 |
Hearing of miscellaneous motion, 1996-05-28, on behalf of Mr. Phillips for the appointment of counsel, adjourned to June 12/96 (see order of same date) Adjourned |
|
| 1996-05-28 |
Submission of miscellaneous motion, 1996-05-28, on behalf of Mr. Phillips for the appointment of counsel, adjourned to June 12/96 (see order of same date) Adjourned |
|
| 1996-05-28 |
Decision on miscellaneous motion, on behalf of the respondent for an order dismissing the appeals of both appellants for delay (see order of same date), CJ LaF L'HD So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1996-05-28 | Hearing of miscellaneous motion, 1996-05-28, on behalf of the respondent for an order dismissing the appeals of both appellants for delay (see order of same date), CJ LaF L'HD So G Co McL Ia Ma | |
| 1996-05-28 | Submission of miscellaneous motion, 1996-05-28, on behalf of the respondent for an order dismissing the appeals of both appellants for delay (see order of same date), CJ LaF L'HD So G Co McL Ia Ma | |
| 1996-05-28 |
Decision on motion to extend time, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma Granted, no order as to costs |
|
| 1996-05-28 | Hearing of motion to extend time, 1996-05-28, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma | |
| 1996-05-28 | Submission of motion to extend time, 1996-05-28, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma | |
| 1996-05-28 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma Granted, no order as to costs |
|
| 1996-05-28 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-05-28, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma | |
| 1996-05-28 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-05-28, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma | |
| 1996-05-28 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (FOR COMPLETE ORDER SEE FILE) 2. The factum of Parry to be filed by June 14, 1996. 4. It was agreed by all counsel present and by Phillips appearing in person that much of the material contained in Appeal Books filed on behalf of Parry will a | |
| 1996-05-24 | Proof of service, of the Case on Appeal | |
| 1996-05-24 | Case on appeal, 69 boxes (11 copies of vol. I to LVII) | Roger James Parry |
| 1996-05-24 | Affidavit, of G. Arthur Theuerkauf along with letters from the Dept. of Justice of Nova Scotia sent to CJ LaF L'HD So G Co McL I Ma, May 27/96, with service | Her Majesty the Queen |
| 1996-05-14 | Affidavit, of Karen L. Collins in response to the respondent' s motion to dismiss, with service | Roger James Parry |
| 1996-05-14 | Order on motion to dispense with printing | |
| 1996-05-06 |
Decision on motion to dispense with printing, Reg, - with the variation that the appellant is allowed to file only 1 complete copy of the case on appeal as described and further 10 copies including parts II and III (evidence and documentary exhibits contained in the Provincial Appeal Record. Further that 14 copies containing parts I, IV and V be filed Granted, no order as to costs |
|
| 1996-05-06 | Hearing of motion to dispense with printing, 1996-05-06, Reg | |
| 1996-05-06 | Submission of motion to dispense with printing, 1996-05-06, Reg | |
| 1996-05-03 | $50.00 filing fee for notice of motion, receipt no. 32056 re: motion to dismiss the respondent's motion | Gerald James Phillips |
| 1996-05-03 | Affidavit, of Gerald J. Phillips re: motion to dismiss the respondent's motion filed on May 3/96 - 2 copies | Gerald James Phillips |
| 1996-05-03 | Notice of miscellaneous motion, TO DISMISSED THE RESPONDENT'S MOTION FILED ON MAY 3/96 - 2 copies, Completed on: 1996-05-03 | Gerald James Phillips |
| 1996-05-03 | Affidavit, of G. Arthur Theuerkauf re: motion to dismiss the appeal, with service | Her Majesty the Queen |
| 1996-05-03 | Notice of miscellaneous motion, (to dismissed the appeal for both appellants for failure to serve and file case on appeal and factums) - 2 copies ($50.00 requested), with service, Completed on: 1996-05-03 | Her Majesty the Queen |
| 1996-05-02 | $50.00 filing fee for notice of motion, receipt no. 32027 (re: motion to appoint counsel) | Gerald James Phillips |
| 1996-05-02 | Affidavit, of Gerald J. Phillips (2 copies) (re: motion to appoint counsel) | Gerald James Phillips |
| 1996-05-02 | Notice of miscellaneous motion, TO APPOINT COUNSEL - 2 copies, Completed on: 1996-05-02 | Gerald James Phillips |
| 1996-05-01 | $50.00 filing fee for notice of motion, receipt #32012 | Roger James Parry |
| 1996-04-26 | Affidavit, 1 copy; John A. McKinlay, with service | Roger James Parry |
| 1996-04-26 | Motion to dispense with printing, 1 copy, with service, Completed on: 1996-04-26 | Roger James Parry |
| 1996-04-25 | $50.00 filing fee for notice of motion, receipt #31970 | Her Majesty the Queen |
| 1996-04-25 | Affidavit, 2 copies; G. Arthur Theuerkauf, with service | Her Majesty the Queen |
| 1996-04-25 | Motion to dismiss the appeal for want of prosecution, 2 copies, with service, Completed on: 1996-04-25 | Her Majesty the Queen |
| 1996-04-23 | General proceeding, 1 copy of formal order of C.A. (R. J. Parry) | Roger James Parry |
| 1996-04-19 | $50.00 filing fee for notice of motion, receipt no. 31923 | Gerald James Phillips |
| 1996-04-19 | Correspondence (sent by the Court) to, from G. Phillips, letter dated April 15/96 re: enclosing $50.00 as filing fee for motion and letters sent to Nova Scotia Aid and Garson, Knox (wait for admission of service of motion) | |
| 1996-04-02 | Affidavit, of Gerald James Phillips (joint affidavit) | Gerald James Phillips |
| 1996-04-02 | Motion to extend time, to file the case on appeal and the appellant's factum to Sept. 13/96, Completed on: 1996-04-02 | Gerald James Phillips |
| 1996-04-02 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, 2 copies (joint with motion to extend the time, service and $50.00 requested), Completed on: 1996-04-02 | Gerald James Phillips |
| 1996-03-27 | Correspondence (sent by the Court) to, (by fax) from Mr. Phillips; re: not represented by the counsel; attempting to secure legal Aid | |
| 1996-01-22 | Correspondence (sent by the Court) to, sent to Nova Scotia Legal Aid (New Glasgow, NS) re: subsection 695(2) c.c. Gerald J. Phillips, Kenneth Fisk, Q.C., Robert Houston, Q.C., Eugene Meehan, Stephen Grace | |
| 1996-01-22 | Correspondence (sent by the Court) to, sent to Gerald J. Phillips (Clearwater, Florida) re: subsection 695(2) c.c. Frank DeMont, Kenneth Fisk, Q.C., Eugene Meehan, Robert Houston, Q.C., Stephen Grace | |
| 1996-01-19 | Correspondence (sent by the Court) to, sent to A.G. of NS (Halifax, NS) enclosing copy of Rule 32 | |
| 1996-01-19 | Correspondence (sent by the Court) to, sent to Nova Scotia Legal Aid (New Glasgow, NS) enclosing copy of Rule 32 c.c. Robert Houston, Q.C | |
| 1996-01-19 | Correspondence (sent by the Court) to, sent to Gerald J. Phillips (Clearwater, Florida) enclosing copy of Rule 32 c.c. Eugene Meehan | |
| 1996-01-10 | General proceeding, to note a copy of the Nova Scotia's Court of Appeal order and reasons for judgment (joint with R. J. Parry), with service | Gerald James Phillips |
| 1995-12-28 | $50.00 filing a notice of appeal, receipt no. 31312 | Gerald James Phillips |
| 1995-12-28 | Notice of appeal, (1 copy) (reasons requested), with service | Gerald James Phillips |
| 1995-12-21 | $50.00 filing a notice of appeal, receipt no. 31288 | Roger James Parry |
| 1995-12-21 | Notice of appeal, 1 copy (reasons requested), with service | Roger James Parry |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Phillips, Gerald James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Parry, Roger James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Phillips, Gerald James
Counsel
500 - 1568 Hollis St.
P.O. Box 2147, Stn. Central
Halifax, Nova Scotia
B3J 3B7
Telephone: (902) 425-6000
FAX: (902) 429-7347
Email: gkelly@bloisnickerson.com
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Parry, Roger James
Counsel
J. David Eaton
400 - 5475 SPRING GARDEN RD
HALIFAX, Nova Scotia
B3J 3T2
Telephone: (902) 420-3471
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Her Majesty the Queen
Counsel
1770 MARKET ST
HALIFAX, Nova Scotia
B3J 3M3
Telephone: (902) 425-0222
FAX: (902) 423-4690
Agent
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Nova Scotia Court of Appeal
118503
appeal allowed (see file)
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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