denied). Foundries, Inc. v. Int'l Molders & Foundry Workers' Union, 151 Tex. You understand and agree that full search reports will only be available after you register for an account or purchase a report. 2014) (Rosenthal, J.). Appellants argue, instead, that Mayor Parker acted without legal authority because in issuing her directive she did not follow Baker v. Nelson, 409 U.S. 810, 93 S.Ct.
Houston. The Plaintiffs are entitled to an injunction that forbids the Mayor to spend public funds in violation of section 6.204( c)(2), VII. A transmission report by the e-filer to the e-filers EFSP shall be prima facie evidence of the date and time of the transmission. Id. We reject appellants' attempts to recharacterize their claims as constitutional challenges to existing legislative acts to save those claims from the City's immunity bar. In their request for relief, they sought: a declaration that the mayor's directive of November 19, 2013, violated state and city law; a declaration that the mayor and city officials have no authority to disregard state or city law merely because it conflicts with their personal beliefs of what the U.S. Constitution or federal law requires; a declaration that the mayor and the city are violating state law by continuing to enforce the mayor's directive of November 19, 2013; a temporary and permanent injunction requiring the mayor and the city to claw back all public funds that they illegally spent on spousal benefits for the homosexual partners of city employees; a temporary and permanent injunction requiring the mayor and the city to comply with section 6.204(c)(2) of the Texas Family Code; pre- and post-judgment interest as allowed by law; all other relief that this Court deems appropriate. See Harper v. Va. Dep't of Taxation, 509 U.S. 86, 9697, 113 S.Ct. Criminal Courts - Office of Harris County District Clerk The issue now before this trial court on a plea to the jurisdiction and motions for summary judgment is whether Mayor Turner's directive was unlawful and unauthorized in light of the United States Supreme Court's opinion in Obergefell v. Hodges, 576 U.S. 644, 135 S. Ct. 2584, 192 L.Ed.2d 609 (2015). The uncontroverted evidence here shows that, at the time this lawsuit was filed, the City was under federal court order to maintain the status quo, the federal district court in De Leon had already declared Section 6.204 unconstitutional, and Windsor had mandated that spousal benefits offered to different-sex couples must be offered to same-sex couples on an equal basis. 124, 1 (West 2003). Ins. This case is not final and, as such, we follow the Supreme Court's holdings in Obergefell, Pavan, and Bostock in reaching our decision. 2006) (quoting Hudson v. Wakefield, 711 S.W.2d 628, 630 (Tex. Tex. Further, while the State might be able to condition certain benefits on Medicare eligibility or tobacco use without running afoul of Obergefell, it may not condition those benefits on whether the marriage is between a same-sex or different-sex couple. City of Houston, Petitioner, v. James & Elizabeth Carlson, et al., Respondents. Broadway's Longest-Running Musical Turns Out the Lights denied) (en banc). 1993). For information about bond conditions, contact your attorney, or for personal bonds, contact Harris County Pretrial Services at (832) 927-3520. Governmental Immunity Bars Appellants' Claims and Injunctive Relief Against the City, a. Ultra vires Claims Prohibited against the City. is due. Edited by Paige Cowett. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 11. Contact us. If the defendant establishes that the trial court lacks jurisdiction, the plaintiff is then required to show that there is a material fact question about jurisdiction. Rather appellants alleged only that they regard same-sex relationships as immoral and sinful, in violation of their sincerely held religious beliefs and, therefore, are harmed because they believe their tax dollars have been compelled to subsidize homosexual relationship. Appellants, however, make no effort to show that such allegations are sufficient, as a matter of law, to demonstrate probable, irreparable injury or imminent harm. With Nina Feldman.
2671, 65 L.Ed.2d 784 (1980). Services. denied). All public case information is still available to everyone, once they login, and can be viewed FREE of charge All Government and Law Enforcement agencies must click here to access our records. 2015). 2. See Stamos, 2020 WL 1528047, at *4; Curry, 434 S.W.3d at 820. On July 2, 2018, appellants filed a motion for summary judgment. Cnty. Municipal Courts - Houston at 670, 135 S.Ct. Prac. Butnaru, 84 S.W.3d at 204. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 15. 2004). . Appellants Not Entitled to Injunctive Relief, In their amended petition, appellants sought both temporary and permanent injunctive relief.
Some City of Houston Municipal Courts are located at "satellite" courts and are not located at 1400 Lubbock but . How do I file a petition for Occupational Drivers License? (b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage. Office of Harris County District Clerk - Marilyn Burgess | Home Page Ticket Payments 2015), rev'd sub nom. The Judge overseeing this case is MIKE ENGELHART. v. Sefzik, 355 S.W.3d 618, 622 (Tex. The Mission of the Municipal Courts Department is to provide an accessible legal forum for individuals to have their court matters heard in a fair and efficient manner, while providing a high level of integrity, professionalism . The Judge overseeing this case is DAWN ROGERS. IF YOU ARE PART OF THIS GROUP PLEASE CONTACT THE COURT AT 713.247.8924 AND SPEAK TO SOMEONE REGARDING A SPECIAL ACCOMMODATION AND A SPECIALIZED DOCKET TO ENSURE YOUR CONTINUED SAFETY. The case status is Pending - Other Pending. LLC, 585 S.W.3d 70, 76 (Tex. Hosted by Sabrina Tavernise.
Background. App.Houston [14th Dist.] The Court further expounded that the create[ion of] two contradictory marriage regimes within the same State impermissibly place[d] same-sex couples in an unstable position of being in a second-tier marriage and wr[o]te[] inequality into the entire United States Code. Id.
The Judge overseeing this case is George C Hanks, Jr. Missouri Courts - Case.net Wash. DC Party Shuttle, LLC v. IGuide Tours, 406 S.W.3d 723, 740 (Tex.
Court: Fifth Circuit Texas US District Court for the Southern District of Texas Type: Contract Insurance Texas Medical Technology, Inc. f/k/a Texas Medical Center Supply, LLC v. (Tex. Although appellants attempt to limit McRaven to officials who enjoy absolute authority, the Texas Supreme Court did not. assistance related to criminal, civil and family cases (causes). The status quo here is the City's continuing to offer equal benefits to all spouses of city employees. Edited by Liz O. Baylen and Mike Benoist. 2675. Criminal court fees and customer service fees can be found here. Moreover, based upon the U.S. Supreme Court's decision in Windsor (holding federal DOMA unconstitutional) and the persuasive federal district court opinion in De Leon (holding Texas DOMA unconstitutional), both decided before this lawsuit was filed in 2014, the City Attorney could reasonably have concluded and advised the Mayor that Texas DOMA was unconstitutional and therefore unenforceable. Harris County Clerk's Office. Appellants assert ultra vires claims against Mayor Turner for violating Tex. Civ. Dist.
To see the most current list of EFSPs go to
Tex. Ass'n of Bus. Municipal Court reports all moving traffic convictions to the Texas Department of Public Safety and submits statistical reports for all governmental units as required. Just as Harris v. McRae rejected demands for compelling taxpayer-funded abortion, courts should reject attempts to compel taxpayer funding of same-sex relationship, IV. Our intermediate courts of appeals have repeatedly stated that it is not an ultra vires act for an official or agency to make an erroneous decision while staying within its authority As important as a mistake may be, sovereign immunity comes with a price; it often allows the improvident actions of the government to go unredressed. 2584 ([T]he States are in general free to vary the benefits they confer on all married couples). Filing, docketing and assessing the costs associated with each case. Two years later, in 2017, the Court addressed an Arkansas law that listed a birth mother's different-sex spouse on their child's birth certificate, but not a birth mother's same-sex spouse. 1201 Franklin, Suite 1016
Appellants argue that the federal courts have no jurisdiction to intrude upon state-court rulings and that the Freeman injunction was void. However, the state may be a proper party to a declaratory judgment action that challenges the validity of a statute. Tex. In addition to being the EFM, EFileTexas.gov is also one of the certified EFSPs. You must request DSC on your arraignment setting. In their motion, appellants argued that the only issues for the trial court to resolve were questions of law: (1) Whether the city can defend its present-day defiance of section 6.204(c)(2) by relying on the Supreme Court's decisions in Obergefell and Pavan v. Smith, U.S. , 137 S. Ct. 2075, 198 L.Ed.2d 636 (2017); and (2) Whether the city can defend its pre-Obergefell defiance of section 6.204(c)(2) by relying on then-mayor Parker's personal beliefs that the statute was unconstitutional. Appellants also argued in their motion that they were entitled to an injunction requiring Mayor Turner and the City to claw back public funds that they previously spent in violation of Section 6.204(c)(2). The standard for an ultra vires act is whether it was done without legal authority, not whether it was correct. Baker v. Nelson, 291 Minn. 310, 313, 191 N.W.2d 185, 187 (1971), appeal dismissed, 409 U.S. 810, 93 S.Ct. To speak with a Municipal Courts representative, please dial 3-1-1 or 713.837.0311, if outside Houston city limits. 2011); see also Tex. See McRaven, 508 S.W.3d at 243. As set forth above, in this case, appellants failed to plead and show that any Houston mayor lacked the authority to make enforcement decisions or to interpret extrinsic law. & Rem. Those material benefits include employment benefits. Appellants, who identify themselves as Houston residents and taxpayers, oppose Mayor Parker's directive and seek to enjoin Mayor Turner and the City from continuing to spend public funds for the extension of benefits to same-sex spouses of city employees by claiming those benefits violate state and city DOMAs contained in the Texas Constitution, Texas Family Code, and Houston City Charter.4 Appellants also seek an injunction to claw back taxpayer money that Mayor Parker and other city officials allegedly have unlawfully spent on same-sex spousal benefits of city employees. 13-18-00219-CV, 622 S.W.3d 397, 402 (Tex. I, 32; see H.J.R. MUNOZ, JENNIFER vs CITY OF HOUSTON | Court Records - UniCourt Issuing and recording citations, notices, executions, abstracts, garnishments, writs or any other process . Questions regarding case requirements or documents needed should
The parties in DeLeon agreed that the injunction appealed was correct in light of Obergefell and on July 1, 2015, the Fifth Circuit affirmed the district court's preliminary injunction. This is a final order. You can research how to prepare a Petition for Occupational License at the Harris County Law Library, which is located at 1019 Congress
on the 20th day after the date you were served with the citation. Moreover, Harris County
Harris County Child Support is a registry responsible for receipting child support payments made through our office. The U.S. Supreme Court in Windsor observed the fact that DOMA reject[ed] the long-established precept that the incidents, benefits, and obligations of marriage are uniform for all married couples within each State, though they may vary from one State to the next. 570 U.S. at 768, 133 S.Ct. Houston County, Texas 2012, no pet.). Clear Filters. of Harris Cnty., 449 S.W.3d 98, 105 (Tex. Office of Harris County District Clerk - Marilyn Burgess | Search Our Instead of preserving the status quo, the requested injunctive relief would dramatically disrupt the status quo, and provide appellants essentially all relief appellants would be entitled to if they prevailed on final judgment. OPINION. orders and the emancipation of minors. Customer Service 1-800-309-9351; Home. Jobs
Houston Municipal Court. App.Houston [14th Dist.] How do I contact a city/county department? Harris County Justice of the Peace Courts NOTICE: It has come to the attention of the Houston Municipal Courts that companies are using text messages to solicit services. Id. No Personal Checks will be accepted through the mail. www.EFileTexas.gov
Harris County Clerk's Office To view a list of electronic filing providers (EFSP) that have been approved by the State visit www.EFileTexas.gov. On appeal, the Pidgeon Parties have not challenged the bases of this argument; instead, the Pidgeon Parties assert that Mayor Parker did not have discretion or authority to violate the law. The decision to grant or deny a temporary injunction lies in the sound discretion of the trial court, and the court's grant or denial is subject to reversal only for a clear abuse of that discretion. Also, see the State Rules for Electronic Filing for additional details. Traffic offenses, generally, are punishable by a fine of not more than $200.00 and all costs of court. To view a list of electronic filing providers (EFSP) that have been approved by the State visit, To see the most current list of EFSPs go to. As applied to this case, the Texas Supreme Court reaffirmed this principle of law stating that, unlike the Mayor the City is not a proper party to an ultra-vires claim. Pidgeon v. Turner, 538 S.W.3d at 88 (citing Heinrich, 284 S.W.3d at 37273). Appellants filed a timely notice of appeal in this Court. The City of Houston Municipal Courts accepts payments in cash, check, money order, ATM debit card, and credit card (American Express, Visa, MasterCard and Discover). 2012) (calling Baker into doubt), aff'd, 570 U.S. 744, 133 S.Ct. Appellants neither plead nor provide proof that Mayor Turner is committing an ultra vires act by declining to withdraw spousal benefits from all spouses of city employees. Information about fine only misdemeanor cases pending in the Harris County Justice Courts may be found by using the "Find Information about Cases and Dockets", "Find My Case and Court Date" on the Courts' Website at www.jp.hctx.net. (quoting Heinrich, 284 S.W.3d at 372). 16. They were initially successful, and a state trial judge issued a temporary injunction prohibiting the city from furnishing benefits to persons who were married in other jurisdictions to City employees of the same sex. Shortly before the injunction expired, the Mayor removed the case to federal district court in the Southern District of Texas, asserting federal-question jurisdiction, 28 U.S.C. Mayor Parker's Directive Was a Discretionary Act and, thus, Could not be Ultra Vires. Fam. 37, 34 L.Ed.2d 65 (1972), overruled by Obergefell, 576 U.S. at 675, 135 S.Ct. Code 37.006(b). App.Austin 2010, no pet.). What are the main causes for rejection for e-filings? 2015) (stating that Without jurisdiction, we may not address the merits of the case); Kormanik v. Seghers, 362 S.W.3d 679, 693 (Tex. 2013, pet. FAQS
2000). Thus, appellants' assertion of claims against the City under the UDJA does not waive City's immunity against ultra vires claims. 2020) (citing Pidgeon for the proposition that where a question presents an important issue of first impression in this Court, we decline to address the question in the first instance and defer instead for the court of appeals to address it after full briefing and argument by the parties.); see also In re Occidental Chem. from these pages. A temporary injunction is an extraordinary remedy and does not issue as a matter of right. Suarez v. City of Tex. The City is not a religious organization and [t]he Constitution does not permit the State to bar same-sex couples from marriage on the same terms as accorded to couples of the opposite sex, despite any individual person's religious disagreement. Information about Justice Court Cases. Box 1525 Houston, TX. In this case, appellants argue that Mayor Turner is not immune from suit under the first circumstance. 2013-75301, which was dismissed on May 9, 2014. The trial court denied the pleas and granted appellants' request for a temporary injunction prohibiting Mayor Parker from furnishing benefits to persons who were married in other jurisdictions to City employees of the same sex. Mayor Parker and the City filed an interlocutory appeal challenging both the order denying the pleas to the jurisdiction and the order granting the temporary injunction. Although the UDJA itself waives a city's immunity for claims challenging the validity of its ordinance[s] or franchise[s], appellants assert no such claims in this case. Court: Fifth Circuit Texas US District Court for the Northern District of Texas. Appellants have not pleaded that they will suffer a probable, irreparable injury or any imminent harm. 12. How Two Generals Led Sudan to the Brink of Civil War On June 26, 2013, in United States v. Windsor, the Supreme Court examined the constitutionality of the federal DOMA, which defined marriage for federal-law purposes as limited to unions between a man and a woman and denied same-sex couples, including those legally married in a state in which same-sex marriage was recognized, the federal benefits and protections granted to heterosexual married couples. Only when these improvident actions are unauthorized does an official shed the cloak of the sovereign and act ultra vires. On February 18, 2019, the trial court granted Mayor Turner's and the City's plea to the jurisdiction and/or counter-motion for summary judgment, dismissing appellants' claims with prejudice. We are still actively accepting mail and eFilings for the County Civil Courts through existing service providers. Governmental Immunity Bars Appellants' Suit against Mayor Turner. Defendant: Ivan Castaon doing business as Elite Plumbing and Drain. 77251; For Questions Call (713) 274-6390; . The Harris County Justices of the Peace and the Clerks of the Harris County Justice Courts are not allowed to give legal advice. App.Dallas 2013, no pet.) 37.006(b); Tex. This case began on October 22, 2014 trial court No. The Plaintiffs satisfy all the requirements for a temporary injunction. You are urged to review the
See Univ. 1st Floor Houston, TX 77002. See Curry, 434 S.W.3d at 820. In some instances the cases are referred
Our Terms of Service prohibit the use of CourtCaseFinder.com to determine an individual's eligibility for personal credit or employment, tenant screening, or other business transactions, or for any unlawful purposes such as stalking or harassing others. Butnaru, 84 S.W.3d at 204; see Wiese v. Heathlake Cmty. Plaintiffs Pidgeon and Hicks bring suit under the Declaratory Judgment Act, asking this Court to declare that the mayor's directive of November 19, 2013, violated state law, and to declare further that the mayor and city officials have no authority to disregard state law merely because it conflicts with their personal beliefs of what the U.S. Constitution or federal law requires. This information is furnished to you to provide basic information relative to the law governing procedures for civil cases in the County Civil Courts at Law. Family Courts decide on matters and render judgments relating
401 East Houston Avenue. 2010) ([W]hen the validity of ordinances or statutes is challenged, the [U]DJA waives immunity to the extent it requires relevant governmental entities be made parties.) (emphasis in original); City of McKinney v. Hank's Rest. Discretionary acts on the other hand require the exercise of judgment and personal deliberation. Emmett, 459 S.W.3d at 587. Filing an Eviction Case
2675. Thus, the trial court implicitly based the order on each ground stated in the Hybrid Motion, dismissing for lack of jurisdiction based on the first two grounds and dismissing on the merits based on the third and fourth grounds. To the extent any part of appellants' amended petition may be interpreted as lodging ultra vires claims against the City, these claims are foreclosed. Prac. This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. The Court explained: Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. See Heinrich, 284 S.W.3d at 37273. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. See, e.g., https://www.ers.texas.gov/PDFs/Dependent-eligibility-chart (accessed March 29, 2021). The doctrinal developments include the 2013 decision by the U.S. Supreme Court in Windsor. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. v. State, 575 S.W.3d 339, 345 (Tex. A trial court does not abuse its discretion if it applies the law correctly and some evidence reasonably supports its ruling. As clerks, they have the responsibility of: The department is responsible for maintaining the filed records for each County Civil Court case. Box 1525; Houston, TX. See Windsor, 570 U.S. at 772, 133 S.Ct. This case was filed in U.S. District Courts, Texas Southern District Court. Payments by mail made payable to City of South Houston Courtmail to: - Manage notification subscriptions, save form progress and more. The Appellants are entitled to an injunction requiring the Defendants to claw back public funds that they previously spent in violation of section 6.204(c)(2), VIII. How long does it take to view e-filed documents on your website? 2007) (per curiam). Original music by Dan Powell and Marion Lozano . Warrants SearchHarris County Texas Sheriff's Office The city attorney issued a legal opinion finding the continued application of Article II, Section 22 of the Houston City Charter to deny benefits to legally married same-sex spouses to be unconstitutional, primarily because it denies the employees of such spouses equal protection of the laws.. Most documents are available to view online within minutes of being accepted. In 1972, the U.S. Supreme Court summarily dismissed for want of substantial federal question an appeal from a Minnesota Supreme Court decision finding no right to same-sex marriage as violative of due process and equal protection rights under the Fourteenth Amendment. Appellants analogize this to Harris v. McRae, where the U.S. Supreme Court held that, [a]lthough the liberty protected by the Due Process Clause affords protection against unwarranted government interference with freedom of choice in the context of certain personal decisions, it does not confer an entitlement to such funds as may be necessary to realize all the advantages of that freedom. 448 U.S. 297, 31718, 100 S.Ct. Hours and Locations
Appellants seek three declarations in their amended petition: a declaration that the Mayor's directive of November 19, 2013 violated state and City law; a declaration that the Mayor and City officials have no authority to disregard state or city law merely because it conflicts with their personal beliefs of what the U.S. Constitution or federal law requires; and a declaration that the Mayor and City are violating state law by continuing to enforce the Mayor's directive of November 19, 2013. Mayor Parker and the City filed pleas to the jurisdiction asserting governmental immunity and challenging appellants' standing to assert their claims. 2. of the majority opinion1 or in section IV.C. The purpose of a temporary injunction is to preserve the status quo pending a trial on the merits. art. & Rem. The City's Immunity is not Waived by Assertion of Claims under the UDJA. See Chambers-Liberty Cntys. Public Reports. When this suit was filed in October 2014, provision of same-sex benefits pursuant to Mayor Parker's directive was mandated by the Freeman injunction. We take as true all evidence favorable to the nonmovant and we indulge every reasonable inference and resolve any doubts in the nonmovant's favor. Personal Checks must have a local street address, proper identification, and supervisor approval. As such, appellants' request for injunctive relief was properly dismissed. for receiving and processing incoming customer requests including purchasing copies
Cause Number. The Arkansas Supreme Court held that Obergefell did not apply, but the U.S. Supreme Court disagreed and summarily reversed. A cause of action to recover public funds improperly or illegally spent belongs exclusively to the governmental entity that spent them. As set forth, supra, an ultra vires claim cannot be asserted against a governmental entity but must instead be brought against a government official or employee of a governmental entity. 2675 (placing same-sex couples in a second-tier marriage without federal benefits demeans the couple, whose moral and sexual choices the Constitution protects). The above analysis alone suffices to explain why the trial court's jurisdictional dismissal based on governmental immunity should be affirmed. Appellants Jack Pidgeon and Larry Hicks (collectively, appellants), individual taxpayers, bring this interlocutory appeal challenging the trial court's order granting the plea to the jurisdiction of appellee Sylvester Turner, in his official capacity as the Mayor of the City of Houston (Mayor Turner) and appellee City of Houston (the City). Eviction Citation Return. 3099, 87 L.Ed.2d 114 (1985) (quoting Monell v. Dep't of Soc. Code Ann. Houston, TX 77002
The Criminal Courts consist of the District Courts, which hear felony cases, and the County Criminal Courts at Law, which hear Class A and B misdemeanor cases and cases appealed from the Justice of the Peace and Municipal Courts. The case status is Pending - Other Pending. Jeremy W. Peters . On appeal, the Pidgeon Parties have not shown that the trial court erred in dismissing all of their claims for lack of subject-matter jurisdiction based on governmental immunity under the first ground of the Hybrid Motion. See Bostock, 140 S. Ct. at 1737. Stay up-to-date with how the law affects your life. The U.S. Supreme Court held that under the challenged law, same-sex parents in Arkansas lack the same right as opposite-sex parents to be listed on a child's birth certificate. Id. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. See Heinrich, 284 S.W.3d at 37273. Media Requests
Lottery Comm'n v. First State Bank of DeQueen, 325 S.W.3d 628, 63335 (Tex. 4. Because the challenged directive in this case is not a legislative pronouncement, the waiver of immunity under the Texas Declaratory Judgments Act does not apply to the Pidgeon Parties' claims. Court/County. A plea to the jurisdiction is a dilatory plea that seeks dismissal of a case for lack of subject matter jurisdiction. If a court determines that it lacks subject-matter jurisdiction over claims, the court cannot rule on the merits of the claims and must dismiss the claims for lack of subject-matter jurisdiction, or, if possible, the court may transfer the claims to a court that has subject-matter jurisdiction over the claims. Please click here for Occupational Drivers License Information. 5. Suits Challenging the Validity of a Statute. This
Harris County Child Support is
Heinrich, 284 S.W.3d at 374. Co. v. Beasley, 598 S.W.3d 237, 240 (Tex. The clerk also attends each court docket in support of the court. Texas. also produces the service documents as requested on family cases (causes) and accepts
Box 1525, Houston, TX 77251-1525.
Notice: Your use of CourtCaseFinder.com is conditioned on your full compliance with our Terms of Service and Privacy Policy. by an attorney of your choice, or to represent yourself. Appellants' argument presupposes that the City providing employee benefits for married same-sex couples has been compelled by the federal government to do so.
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