| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 02/08/2006 | Filing Fee | Filing Fee Waived. | | |
| 02/08/2006 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/No Settlement. Notice of exemption from settlement conference program mailed to all counsel. (Docketing statement mailed to counsel for appellant.) | | 06-02861
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| 02/09/2006 | Motion | Filed Motion for Stay. Ex Parte Emergency Motion for Stay. | | 06-02988
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| 02/10/2006 | Notice/Incoming | Filed Errata. Notice of Errata. | | 06-03012
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| 02/10/2006 | Notice/Incoming | Filed Notice. Notice of Representation and Intent to Oppose. | | 06-03041
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| 02/10/2006 | Motion | Filed Motion. | | 06-03059
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| 02/10/2006 | Motion | Filed Response to Motion. Respondent's Notice of Representation and Intent to Oppose. | | 06-03060
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| 02/14/2006 | Order/Procedural | Filed Order/Motion Granted in Part. Four factors guide this court's consideration of a motion for a stay or injunction pending appeal. We grant, in part, appellants' motion. We stay enforcement of the district court's order nullifying the assessment of respondents' taxes for the 2003-2004 tax year and resetting the taxable value of the property in accordance with the previous tax year's assessment pending our consideration of the appeal. | | 06-03260
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| 02/14/2006 | Motion | Filed Proper Person Motion. Respondent, Leslie Barta's Notice of Intent to Oppose and Request to Submit Briefs and Other Papers. | | 06-03295
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| 02/15/2006 | Filing Fee | Filing Fee Waived. | | |
| 02/15/2006 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/No Settlement. (Docketing statement mailed to counsel for appellant Nevada Tax Comm'n.) | | 06-03366
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| 02/16/2006 | Filing Fee | Filing Fee Waived. | | |
| 02/16/2006 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellants Dep't of Taxation and State Bd. Of Equalization.) | | 06-03521
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| 02/22/2006 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 04/02/04, 06/08/04, 09/03/04, and 01/10/05. To Court Reporter: Sunshine Reporting Services. | | 06-03881
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| 02/23/2006 | Docketing Statement | Filed Docketing Statement. Appellants Washoe Co. and Washoe Co. Assessor. Issued Notice to Provide Proof of Service on Respondent Leslie Barta. | | 06-04088
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| 02/28/2006 | Docketing Statement | Filed Docketing Statement. Appellants Bd. of Equalization and Dep't of Taxation and Nevada Tax Commission. | | 06-04584
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| 03/07/2006 | Transcript | Filed Transcript. Proceedings: 6/8/04. Court Reporter: Stephanie Zolkowski. | | 06-05005
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| 03/10/2006 | Notice/Incoming | Filed Notice of Appearance. Littler Mendelson firm, and Suellen Fulstone as counsel for respondent Barta. | | 06-05263
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| 03/10/2006 | Order/Procedural | Filed Order/Briefing Schedule. Order Establishing Expedited Briefing Schedule and Directing En Banc Argument. We have determined that this matter warrants an expedited briefing schedule. Appellants shall have 30 days from the date of this order to file and serve the opening brief and appendix. Respondent shall have 20 days from service of appellants' opening brief to file and service their answering brief. Appellants shall then have 10 days from service of respondents' answering brief to file and serve any reply brief. fn1[For this appeal, we suspend the provisions of NRAP 25(1)(a). All documents shall be filed personally with the clerk of the court in Carson City. Service of documents shall be personal or by facsimile transmission.] Transcripts due: March 23, 2006. No extensions of time to the briefing schedule or the transcript deadline will be granted absent extreme and unforeseeable circumstances. On the completion of briefing, the clerk of this court shall schedule this appeal for argument on this court's June 2006 en banc oral argument calendar. fn3[We grant Leslie P. Barta leave for the limited purpose of filing an answering brief in accordance with the expedited briefing schedule set forth above.]
03/15/06 Order: we vacate that portion of our March 10, 2006, order granting respondent Barta permission to file a proper person answering brief (footnote 1). | | 06-05276
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| 03/13/2006 | Notice/Incoming | Filed Proof of Service. Docketing Statement served on Settlement Judge. | | 06-05387
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| 03/14/2006 | Docketing Statement | Filed Response to Docketing Statement. Response to Nevada Bd. of Equalization and Dep't. of Taxation's Docketing Statement. | | 06-05514
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| 03/15/2006 | Order/Procedural | Filed Order. On March 10, 2006, we entered an order that granted respondent Leslie P. Barta leave to file a proper person answering brief. On March 10, 2006, attorney Suellen Fulstone informed this court that she will be representing respondent Barta in this appeal. We vacate that portion of our March 10, 2006, order granting respondent Barta permission to file a proper person answering brief. Ms. Fulstone shall file an answering brief on behalf of respondent Barta in accordance with the expedited briefing schedule set forth in our March 10, 2006, order. fn1[The clerk of this court shall provide Ms. Fulstone with a copy of our March 10, 2006, order.] | | 06-05599
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| 03/17/2006 | Transcript | Filed Transcript. Proceedings: April 2, 2004. Court Reporter: Corrie Wolden. | | 06-05751
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| 03/27/2006 | Transcript | Filed Transcript. Proceedings: September 3, 2004. Court Reporter: Constance S. Eisenberg. | | 06-06346
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| 04/04/2006 | Motion | Filed Motion and Order Extending Time. Brief due: April 18, 2006. | | 06-07076
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| 04/06/2006 | Motion | Filed Motion and Order Extending Time. Washoe County's Joinder in State's Motion for Enlargement of Time to File Appellant's Opening Brief. Brief due: April 18, 2006. | | 06-07355
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| 04/07/2006 | Motion | Filed Motion. Motion for Leave of Court for the City of Reno and the City of Reno Redevelopment Agency to file an Amicus Curiae Brief. | | 06-07431
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| 04/13/2006 | Motion | Filed Response to Motion. Non-Opposition to Motion for Leave of Court for the City of Reno and the City of Reno Development Agency to File an Amicus Curiae Brief (Washoe County Assessor) | | 06-07829
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| 04/17/2006 | Motion | Filed Response to Motion. Respondent Les Barta's Opposition to Motion for Leave to File Amicus Curiae Brief. | | 06-08010
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| 04/18/2006 | Brief | Filed Opening Brief. Appellant Nevada Tax Commission. | | 06-08107
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| 04/18/2006 | Brief | Filed Opening Brief. Appellant Washoe County and Washoe County Assessor's Opening Brief. | | 06-08125
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| 04/18/2006 | Motion | Filed Motion. | | 06-08167
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| 04/18/2006 | Brief | Received Amicus Brief. Amicus Curiae Brief of the Washoe County School District in Support of Appellants. | | 06-08169
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| 04/18/2006 | Brief | Filed Opening Brief. Appellants Bd. of Equalization. | | 06-08171
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| 04/18/2006 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 12. | | 06-08172
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| 04/21/2006 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 15, 2006, at 11:30 a.m. (En Banc) | | |
| 04/26/2006 | Motion | Filed Response to Motion. Respondent Les Barta's Opposition to Washoe County School District's Motion for Leave to File Amicus Curiae Brief. | | 06-08836
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| 04/27/2006 | Notice/Incoming | Filed Errata. Errata to Opening Brief of Nevada Tax Commission. | | 06-08947
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| 05/03/2006 | Order/Procedural | Filed Order. Filing Briefs of Amicus Curiae and Directing the filing of a Transcript. This appeal is scheduled for oral argument before the en banc court on June 15, 2006, at 11:30 a.m. The clerk shall file the amicus curiae briefs received on April 7, 2006, and April 18, 2006. Mr. Barta and the other respondents to this appeal shall have 15 days from the date of this order to file and serve their answering briefs. This court will disregard any facts, assertions and arguments in the briefs that are not properly before this court. Transcript of January 10, 2006 due: 10 days. No extensions for preparing the transcript shall be allowed absent extreme and unforeseeable circumstances. | | 06-09258
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| 05/03/2006 | Brief | Filed Amicus Brief. (City of Reno and the City of Reno Redevelopment Agency). | | 06-07432
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| 05/03/2006 | Brief | Filed Amicus Brief. Amicus Curiae Brief of the Washoe County School District. | | 06-08169
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| 05/04/2006 | Motion | Filed Motion and Order/Excess Pages. Granted: 50 pages. (submitted by attorney Azevedo). | | 06-09333
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| 05/16/2006 | Brief | Filed Joinder to Brief. Respondent's Paul Levy's and Bye Bye Benton, LLC's Joinder. (Joinder to Answering Briefs of all Respondents.) | | 06-10210
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| 05/16/2006 | Transcript | Filed Transcript. Proceedings: 01/10/06. Court Reporter: Constance Eisenberg. | | 06-10316
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| 05/18/2006 | Motion | Filed Motion to Extend Time. Application for One-Day Extension of Time to File Brief of Respondent Leslie Barta (First Request). Filed via fax. | | 06-10461
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| 05/18/2006 | Motion | Filed Response to Motion. Opposition to Application for One-Day Extension. | | 06-10477
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| 05/18/2006 | Notice/Incoming | Filed Proof of Service. for Opposition to Application for One-Day Extension (served by fax). Filed via fax. | | 06-10496
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| 05/18/2006 | Order/Procedural | Filed Order. good cause appearing, we grant Barta's motion. Barta shall file his answering brief by 5:00 p.m. on May 19, 2006. No good cause appearing, we deny the request of Bakst respondents for a similar extension of time. Bakst respondents shall file their answering brief by 5:00 p.m. on May 18, 2006. The briefs shall be filed personally with the clerk of the court in Carson City and shall be served on all other parties personally or by facsimile transmission. | | 06-10511
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| 05/18/2006 | Brief | Filed Answering Brief. for respondents Bakst, Barnhart, Bender, Leach, Moriarty, Myerson, Nakada, Rebane, Schwartz, Stewart, Watkins, Wilson, Winkler & Zanjani. | | 06-10515
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| 05/18/2006 | Appendix | Filed Appendix to Answering Brief. Volumes 1 through 11. | | 06-10516
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| 05/19/2006 | Brief | Filed Answering Brief. Respondent Les Barta's Answering Brief. | | 06-10662
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| 05/19/2006 | Appendix | Filed Appendix to Answering Brief. Respondent Les Barta's Appendix. | | 06-10663
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| 05/24/2006 | Motion | Filed Motion to Strike. Appellants State of Nevada Board of Equalization and Department of Taxation Motion to Strike. | | 06-11022
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| 05/26/2006 | Brief | Filed Reply Brief. Reply Brief of Nevada Tax Commission to Answering Brief of Respondent Bakst, et al.. | | 06-11193
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| 05/26/2006 | Brief | Filed Reply Brief. Reply Brief of Nevada Tax Commission to Answering Brief of Respondent Barta. | | 06-11195
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| 05/26/2006 | Motion | Filed Response to Motion. Respondent's Opposition to Motion to Strike. | | 06-11239
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| 05/26/2006 | Other | Other. Returned, unfiled, document entitled, "Washoe County's Joinder in State of Nevada Board of Equalization and Department of Taxation's Motion to Strike" per 3/10/06 Order. | | |
| 05/26/2006 | Other | Other. Returned, unfiled, document entitled, "Appellant State Board of Equalization's Motion to take Judicial Notice" per Order filed 3/10/06. | | |
| 05/30/2006 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 05/30/2006 | Notice/Incoming | Filed Notice. Respondent's Supplemental Points & Authorities in Oppositon to Motion to Strike. | | 06-11356
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| 05/30/2006 | Brief | Filed Reply Brief. Appellants' State of Nevada Board of Equalization and Department of Taxation Reply Brief. | | 06-11365
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| 05/30/2006 | Motion | Filed Motion to Strike. Appellants' State of Nevada Board of Equalization and Department of Taxation Motion to Strike Bakst's Suppelmental Points & Authorities. | | 06-11366
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| 05/30/2006 | Brief | Filed Reply Brief. Appellant's Washoe County and Washoe County Assessor's Reply Brief. | | 06-11373
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| 05/31/2006 | Notice/Incoming | Filed Proof of Service. - Affidavit of Service. Appellants' State of Nevada Board of Equalization and Department of Taxation Motion to Strike and Reply Brief (filed on 05/30/06). | | 06-11467
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| 05/31/2006 | Motion | Filed Motion. Appellant State Board of Equalization's Motion to Take Judicial Notice. | | 06-11468
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| 06/02/2006 | Motion | Filed Motion for Permission to File Document. | | 06-11572
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| 06/02/2006 | Order/Procedural | Filed Order Denying Motion. to Strike, Granting Motion for Judicial Notice and Denying Motion for Leave to file Reply. Appellants have moved to strike the answering brief filed by the Bakst respondents. fn1[We deny the motion to strike the supplemental points and authorities.] Due to time constraints, we decline to consider the merits of the motion to strike and we deny the motion. fn2[The Board and the Department have moved for leave to file a reply in support of their motion to strike. As we have denied their motion to strike, we further deny their motion for leave to file a reply.] We strongly caution the parties that in resolving this appeal we will disregard any arguments or documents in the parties' brief and appendices that are not properly part of the appellate court record for this court. We may later impose sanctions if we determined that the parties have flagrantly violated our appellant rules. We grant the motion to take judicial notice of the order file don May 16, 2006, in First Judicial District Court Case No. 05-01451A. We caution the parties that this court may impose sanctions for future failure to comply with our directive to serve documents through personal service or facsimile transmission. | | 06-11600
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| 06/02/2006 | Other | Other. Filed Respondents' Conditional Opposition to Appellant's Motion to Take Judicial Notice & Respondents' Countermotion to Take Judicial Notice. | | 06-11621
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| 06/08/2006 | Motion | Filed Motion. Respondent Les Barta's Motion for Leave to Fle Supplemental Brief; Memorandum of Points and Authorities in Support Thereof. | | 06-12021
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| 06/08/2006 | Brief | Received Supplemental Brief. Supplemental Answering Brief of Respondent Les Barta. | | 06-12023
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| 06/09/2006 | Notice/Incoming | Filed Proof of Service. Affidavit of Service by Facsimile (Appellants Washoe County and Washoe County Assessor's Reply Brief.) | | 06-12135
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| 06/12/2006 | Order/Procedural | Filed Order Granting Motion. (Countermotion) for Judicial Notice and Granting Motion to file Supplemental Brief. This court will take no action with respect to the Bakst respondents' conditional opposition. We grant the Bakst respondents' countermotion to take judicial notice of the order file don May 2, 2006, in First Judicial District Court Case No. 04-01449A and the order filed on May 2, 2006, in First Judicial District Court Case No. 04-01504A. We grant respondent's motion for leave to file a supplemental brief. The clerk shall file the supplemental brief received from respondent Barta on June 8, 2006. | | 06-12230
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| 06/12/2006 | Brief | Filed Supplemental Brief. Supplemental Answering Brief of Respondent Les Barta. | | 06-12023
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| 06/12/2006 | Motion | Filed Response to Motion. Appellants' State of Nevada Board of Equalization and Department of Taxation Opposition to Respondent Les Barta's Motion for Leave to file Supplemental Brief. | | 06-12252
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| 06/14/2006 | Order/Procedural | Filed Order Denying Motion. for Reconsideration. On June 12, 2006, this court entered an order that granted respondent Leslie Barta's motion to file a supplemental brief. We elect to treat the Board and the Department's opposition as a motion for reconsideration. We deny the motion for reconsideration. | | 06-12407
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| 06/14/2006 | Letter/Incoming | Filed Letter. from Erin Roth of North Lake Tahoe Bonanza requesting cameras in the courtroom for oral argument. (via fax) | | 06-12416
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| 06/14/2006 | Order/Procedural | Filed Order. Permission is granted for photographic coverage of the oral argument to be held on June 15, 2006, at 11:30 a.m., for news purposes and not for commercial exploitation. Cathleen Allison, photographer for the Nevada Appeal, is designated as pool coordinator. All equipment shall be placed in the courtroom before commencement of the oral argument. | | 06-12434
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| 06/15/2006 | Other | Disqualification of Justice Maupin. | | |
| 06/15/2006 | Case Status Update | Submitted for Decision. Before the En Banc Court. EN BANC | | |
| 07/11/2006 | Motion | Filed Motion for Stay. Respondent Les Barta's Motion to Lift Stay. | | 06-14291
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| 07/20/2006 | Motion | Filed Response to Motion. Opposition to Respondent Les Barta's Motion to Lift Stay. | | 06-15111
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| 12/28/2006 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed." fn1[The Honorable A. William Maupin, Justice, voluntarily recused himself from participation in the decision of this matter.] Before the Court EN BANC. Author: Hardesty, J. We concur: Rose, C.J., Becker, Gibbons, Douglas and Parraguirre, JJ. 122 Nev. Adv. Opn. No. 116. EN BANC. | | 06-26566
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| 01/23/2007 | Remittitur | Issued Remittitur. | | 07-01343
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| 01/23/2007 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 01/24/2007 | Notice/Outgoing | Issued Letter. to the Publishers from Cay Jordan, Editor. Correction on page 6 of the original opinion filed on December 28, 2006. | | |
| 01/29/2007 | Remittitur | Filed Remittitur. Received by County Clerk on (signed but no date given.) | | 07-01343
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