R14290 Total Hours. That is, Mustang avoids having to disclose to a prospective customer that it is not equipped to deliver. Ry. Reba McEntire and husband were on a 2nd plane. Mustang did not. He had previously cautioned the jury on a number of occasions that the evidence was being admitted for this limited purpose only, I want the record to reflect in the Pre-Trial Order it's recited in it Robert N. Elliott held an Airline Transportation Pilot Certificate No. Natchitoches, La. District Judge of the Western District of Louisiana, sitting by designation, A number of other plaintiffs joined in initiating this action, but they have since settled with the defendants, Mr. Roberts testified that Roberts Airways and Mustang had a longstanding agreement that Roberts Airways would fly charters that Mustang had booked but could not fly, After the crash, Mustang paid Roberts Airways $552.35 of the sum it had received from Variety Artists. The final report for the crash will be released in 12 to 24 months, NTSB said. In any event, the Roberts Airways plane, flown by Robert N. Elliott, followed the itinerary until its fatal crash on leaving Natchitoches airport on September 20.3. Id. 1551, 1560-1561 (1960). The third trial, on the issue of damages, resulted in a jury verdict for plaintiffs in the following amounts: $250,000 for care, maintenance, and support; $10,000 for household services; $20,000 for love, affection, counsel, and guidance; and $20,000 for sorrow, mental anguish, or grief suffered as a result of the decedent's death.4. The Aviation Safety Network is an exclusive service provided by: Charter flight N50JR Beech E18S pilot with ATPL and over 14,000 hours - 2000+ in Beech 18's, departed in fog, aircraft delayed climb for unknown reasons, and collided with the only tree near the end of the runway. In 1990, he was inducted into the Songwriters Hall of Fame. What amount of money, if any, if now paid in cash do you find from a preponderance of the evidence would fairly and reasonably compensate Linda and Eric Cortese for their pecuniary loss resulting from the death of Kenneth Dominick Cortese? Singer Jim Croce (30) killed, who just finished singing at a concert at Prather Colliseum 1 hour prior to crash. 1976); Hill, Substance and Procedure in State FELA Actions The Converse of the Erie Problem?, 17 Ohio St.L.J. In addition, all of his tour-related expenses were paid while he was on tour. The search page for aviation investigations before 1983 is currently unavailable. The plane's parts were buried in the ground due to the crash's impact. The direct evidence was provided in large part by Richard Linden, a Mustang employee. The remainder of the Memorandum and Order, however, makes clear that the district court properly placed the burden of proving estoppel on the plaintiffs and that he was persuaded by the evidence adduced at trial that plaintiffs had carried that burden. (Public domain image) On the 27th of August 2006, a routine commuter flight to Atlanta, Georgia failed to become airborne during its takeoff roll at Blue Grass Airport in Lexington, Kentucky. https://www.ntsb.gov/_layouts/ntsb.aviation/brief.aspx?ev_id=84416&key=0, Passenger - Non-Scheduled/charter/Air Taxi, Updated [Phase, Departure airport, Source, Narrative]. Aviation Query. .' Accident Synopses - by month. If you feel this information is incomplete or incorrect, you can. After Illinois appellate courts affirmed, the Supreme Court reversed, holding that the lower court erred both in refusing to admit the evidence and in refusing to give the requested instruction. The better opinion would seem to be that Judge Monroe in these cases was not creating a separate category of recoverable damage but was merely describing that damage which was included under the heading of loss of society and companionship. Croce was 30. When Mr. St. Martin was asked if he would have to assume that the decedent had "$15,000 he could have put up to buy into Variety Artists," Mr. St. Martin responded that the decedent "would probably have done what everyone else did" buy into the new corporation. Wholly apart from the direct evidence of nondisclosure, which in this court's view would directly meet the burden of proof argument, if arguendo apposite, Mustang fails to grasp the point that an estoppel can arise from a breach of a duty to speak (See Finding 4a). Our caution is dictated at least in part by a fear that a contrary decision could result in further "fragmentizing" of awards for nonpecuniary losses in future cases. The CRJ-100 ran off the end of the runway, lifted off momentarily, then smashed into an . at 759 (emphasis added). In July 1974, the president of Variety Theatre sold the corporation to his associates, who put up $15,000 apiece (except for one who put up $30,000). Early life [ edit] Disclaimer: I must start out by saying that my heart goes out to the victims and their surviving friends and relatives. Burnett v. Atteberry, 145 S.W. La.Civ. Given all of the evidence on plaintiffs' various theories of negligence and the conflicting evidence concerning the pilot's alleged heart attack, we conclude that the trial judge rightly denied defendants' motion for a directed verdict and let the issue of the pilot's negligence go to the jury.16 It follows that his denial of defendant's motion for a judgment n. o. v. was proper as well. Evidence was also adduced at trial that the pilot, a frequent jogger, unable to secure transportation to the airport, began jogging toward the airport, some three miles away, shortly before flight time. The judge instructed the jury properly as to the compensatory nature of damages, and specifically listed nine items which the jury might consider. A lid (ounce) is all. The jury returned a verdict of $775,000. 354 So.2d at 223, Cf. Despite some broad language approving an instruction that informs the jury that an award of damages will not be subject to income tax, see id. 1974), repudiated the holding of Guerra. . (on reargument), writs denied, 355 So.2d 257, 263 (La. Sources: NTSB Defendants argue that the district court erred in admitting evidence of the pilot's past conduct to prove that he acted in conformity with that conduct on the evening of the accident in violation of Fed.R.Evid. Mary Reeves was able to speak pretty matter-of-factly about the crash when I met her in the mid-80s. In their brief, defendants observed that "the propriety of an instruction as to the effect of federal income tax law upon the issues (related to damages) is a matter of the proper application of Louisiana law" and proceeded to argue on the basis of Louisiana case law that the trial court's refusal to give their requested instruction constitutes reversible error. February 26, 2023, 11:14 AM. On the evening of September 20, 1973, a Beech Model 18 Aircraft carrying singer Jim Croce and his entourage (the "Jim Croce Group" or the "group") crashed shortly after takeoff from the Natchitoches, Louisiana, airport. "5 Mustang contends that it is not liable under either theory. ), writ ref'd, 305 So.2d 123 (La. The burden of avoidance of this breach of duty by proof that the Croce group learned from sources other than Mustang of the substitution can hardly be placed upon the Croce group. It was avoidable or inescapable, fated or foolish. It wasn't the first, or the last, time that a set of multi-talented musicians died aboard a plane. The National Transportation Safety Board is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation highway, marine, pipeline , and railroad . There was some on two different ones, said Sheriff. Moreover, in addition to the testimony of Dr. Gibbons, the plaintiffs sought to impeach the testimony of Dr. Reals during their cross examination of him. Moreover, he had landed at the Natchitoches airport only 20 minutes before the airplane crash. He died in the same plane crash that killed Croce. "(I)f there is substantial evidence opposed to the motions, that is, evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motions should be denied, and the case submitted to the jury." The death of Jim Croce - 1973 Beechcraft E18S crash NHplanespotter 923 subscribers Subscribe 68K views 2 years ago The 1973 Beechcraft E18S crash was a crash in Lousiana that was an E18S that. We are presented only with the question of the duty of care owed by defendants to decedent, not to other occupants of the plane or to the Jim Croce Group. See, e. g., Note, State Enforcement of Federally Created Rights, 73 Harv.L.Rev. The circumstances surrounding the airplane crash and the cause of the crash were hotly contested at trial. We determine the probable cause of the accidents we investigate and issue . Roberts, however, is clearly distinguishable: in Roberts the children's mother was not a party to the cause of action, and neither she nor any other legal representative pressed the children's interests until after a judgment was entered against them; in the instant case, to the contrary, the child's mother and legal guardian was a party to the lawsuit below and vigorously pressed her child's claims before the trial court. 1978), cited by plaintiffs, acknowledges that damages for wrongful death "include not only loss of support, but also loss of the love and affection of the decedent and the grief and anguish of the survivor," id. At oral argument, however, defendants relied not on Louisiana law but on Norfolk & Western Railway Co. v. Liepelt, --- U.S. ----, 100 S.Ct. We disagree. Before The Popularity. In essence, decedent's carrying a small amount of marijuana aboard the airplane is immaterial for the purpose of determining the degree of care that a common carrier owes its "passengers.". See also Dice v. Akron, Canton and Youngstown R. Co., 342 U.S. 359, 362, 72 S.Ct. Walton, of Jackson, Wyo., crashed shortly after takeoff Monday from Jackson Hole Airport in Grand Teton National Park, the company said. members of his show were killed in a plane crash following his last. . However, because we find that there was ample evidence to support the district court's denial of defendants' motions, we need not decide whether defendant's violation of the FAA regulations constituted negligence per se, Plaintiffs contend that defendants have stipulated that the decedent and other members of the Jim Croce Group were "passengers" and cannot be heard to argue that the decedent was merely a licensee, invitee, or trespasser. See, e. g., Chesapeake & Ohio Railway Co. v. Kelly, 241 U.S. 485, 491, 36 S.Ct. Finally, plaintiffs questioned Dr. Reals about a study indicating that persons who died from sudden heart attacks had either an abnormal EKG, high blood pressure, or a history of smoking. Plane crash killed Jim Croce in Natchitoches, Louisiana in 1973 NEWS Jim Croce: The night the music died in Natchitoches, Louisiana on Sept. 20, 1973 Greg Hilburn The News Star 0:00. at 759, there is no suggestion that the Supreme Court in Liepelt intended to require a trial judge to give such an instruction in wrongful death actions predicated upon state statutes.39. The crash site was in a wooded area north-northeast of Brentwood approximately at the junction of Baxter Lane and Franklin Pike Circle, just east of what is now Interstate 65, and about 6 miles south-west of Nashville International Airport 4 minutes before touchdown. In 1977 three members of the rock group Lynyrd Skynyrd perished in a plane crash. For the reasons stated above, we affirm the district court's imposition of joint and several liability on Mustang and Roberts Airways for plaintiffs' damages, as modified herein. Francis, 376 So.2d at 612 (following DeBose). Moreover, our refusal to award separate damages gains support from 3 Stone, Louisiana Civil Law Treatise 26 at 32 (1977) (emphasis added): The question whether a survivor could in addition recover damages under the action for wrongful death for distress and mental suffering occasioned by the death is more difficult. The cross-country flight originated from the Natchitoches Regional Airport (IER), Natchitoches, Louisiana, around 1550. May 9, 2022. 2315 (West 1979), applied. and Dennis Rast. In addition, Mustang appeals the district court's holding in the first trial that it is liable for the actions of Roberts Airways. These additional drugs have no bearing on our decision today. The rule is tersely but accurately stated by Mr. Bigelow in the following sentence: 'A representation in the nature of a negative of one's rights may, as we have seen, arise from pure silence; and from pure but misleading silence with knowledge, or passive conduct joined with a duty to speak, an estoppel will arise . The Court, noting this discrepancy, opined: "It is surely not fanciful to suppose that the jury erroneously believed that a large portion of the award would be payable to the Federal Government in taxes and that therefore it improperly inflated the recovery." There was evidence of a custom or practice of Mustang and Roberts not to disclose a substitution of Roberts for Mustang in situations where Mustang was not able to perform a contracted for charter. Neither ASN nor the Flight Safety Foundation are responsible for the completeness or correctness of this information. See, e. g., Casey v. Sanborn's, Inc., 478 S.W.2d 234 (Tex.Civ.App. We cannot agree with the defendants that Liepelt controls our disposition of this issue; for reasons explained below, we look to state law to determine whether the instruction was required, as defendants contended in their brief. Jim Croce: The NTSB Report Croce with friend, Maury Muehleisen, who also perished in the crash. The following statement from the court's explanatory Memorandum and Order, issued after Mustang challenged its Findings of Fact and Conclusions of Law, provides the basis for Mustang's assertion: "Mustang was under a duty to speak. One of the purposes of the Federal Employer's Liability Act was to "create uniformity throughout the Union" with respect to railroads' financial responsibility for injuries to their employees. Jim Croce was born on Sunday, January 10th, 1943 in a working-class section of Philadelphia, in an Italian-American family. Plane Crash Kills 8 in Singer's Band : Air tragedy: Two crew members also died when jet struck mountain. We note that the district court, "in the absence of suggestion by the parties to the contrary," looked to Texas law to resolve the agency issue before it. 100 S.Ct. The Plaintiffs must be able to resist under Rule 405. Marijuana, hashish, and a variety of other drugs were found on the bodies and in the luggage of other members of the Jim Croce Group, and other controlled substances were found in the aircraft. One naturally inquires why the fee arrangement existed and why there was a habit and practice of such nondisclosure. The cause of the crash was not known and park rangers. It is undisputed that the pilot had none of these characteristics. 2151, 64 L.Ed.2d ---- (1980). The Court has labored to avoid receipt in evidence of prior specific acts of this pilot but in the posture of the case, which is a direct result of the efforts of the Defense Counsel to not allow this Jury to learn of this pilot's record, will not avoid potential prejudice but would affirmatively mislead them particularly in the factual context of this case. Houston 1972, no writ); Vincent Murphy Chevrolet Co. v. Auto Action, Inc., 413 S.W.2d 474 (Tex.Civ.App. 37153 with airplane single and multi engine ratings, together with a Certified Flight Instructor's Rating, and a current medical certificate. Passenger safety is the paramount consideration, and in the absence of a contract for an illegal purpose or of disruptive conduct on the part of the "passenger," see Williams v. Shreveport Yellow Cab Co., 183 So. Boeing Co. v. Shipman, 411 F.2d 365 (5th Cir. Eventually, he was picked up by local police, interrogated, driven to the airport, and released. 297 (1920), and United States v. Schultetus, 277 F.2d 322 (5th Cir. 295 So.2d at 74-75. Mustang asserts that the district court erred in allocating the burden of proof on the estoppel theory. May 20, 2021 By Jim Moore Investigators found no faults in the left engine of a Beechcraft King Air 350 that stopped producing power just before the aircraft rolled to inverted and crashed into a hangar 17 seconds after takeoff from Addison, Texas, on June 30, 2019. There are at least two difficulties with Mustang's burden of proof argument. 1960) (footnote omitted).33 However, no case to which we have been referred stands for the proposition that plaintiffs in a wrongful death action can recover separate monetary awards for loss of love and affection on the one hand and for sorrow and mental anguish on the other. Curiously, defendants do not object to the admission of the testimony of Lloyd St. Martin, former office manager and travel coordinator of Variety Theatre and an officer of Variety Artists. In the absence of contrary authority,42 we follow the mandate of Guerra in upholding the district court's refusal to give the instruction. STAGECOACH, Nev. -- A medical transport flight that crashed in a mountainous area in northern Nevada, killing five all five people aboard the plane including a patient . At the 1974 American Music Awards, Croce posthumously won . See, e. g., Brown v. Western R. of Alabama, 338 U.S. 294, 70 S.Ct. 1976). Co., 257 La. 582 (1912): "An estoppel may arise as effectually from silence, where it is a duty to speak, as from words spoken. James Joseph "Jim" Croce (/kroti/; January 10, 1943 - September 20, 1973) was an American folk and rock singer of the late 1960s and early 1970s. By MICHAEL GRANBERRY and H.G. 2023 : January | February. 184 (1961). Jim Croce got his start in the '60s as a young musician trying to make his way back in the day of the counterculture, hippies and all things groovy. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. 934 (1907) (permitting recovery for loss of love and affection); Cambrice v. Fern Supply Co., 285 So.2d 863, 866 n.5 (La.App. Crash. Taking this figure into account and using different assumptions about decedent's future salary and the calculation of the present value of future earnings, defendant's expert estimated plaintiffs' net pecuniary loss to be $138,327. 192, 57 L.Ed. 415, 416, 62 L.Ed. . Viewer discretion is advised. The speculative nature of the evidence affects only the weight of the evidence and was therefore properly before the jury. . 404.22 The trial transcript makes clear, however, that the judge permitted this evidence to be introduced not for the purpose proscribed by Rule 404 but for the limited purpose of rebutting certain opinions given by defendants' experts concerning the pilot's previous deportment as a pilot.23 We agree with the district court, whose ruling is set out in the margin,24 that the admission of the evidence for this circumscribed purpose was entirely proper.25 Moreover, since the defendants themselves, despite repeated warnings by the trial court, "place(d) the general reputation of the pilot in issue, see n.24, supra, they cannot now be heard to complain of the district court's error, if any, in admitting this evidence. Three separate trials were held, each addressing a different question, and this appeal involves aspects of all three trials. In the last year, the NTSB investigated 11 plane crashes in South Dakota and only four have final reports. Everyone aboard the plane died instantly. The district court found, as a matter of fact, that. The agency said inspectors are documenting the crash site and examining the. In the margin, we quote in full the relevant portion of the Memorandum and Order.7 This language reveals that the allegedly erroneous statement to which Mustang points concerns merely an alternative estoppel theory, the breach of a duty to speak,8 that was, in the court's words, "(w)holly apart from the direct evidence of nondisclosure, which in this court's view would directly meet the burden of proof argument . Newly released details about a 2019 plane crash that killed nine of 12 members of an Idaho family . The trial judge rejected plaintiffs' theories of vicarious liability, respondeat superior, and joint venture but held Mustang liable on two alternative grounds: (1) Mustang was liable for the acts of its agent, Roberts Airways, and was estopped from denying that agency; and (2) Mustang was liable as the agent of an undisclosed principal (Roberts Airways). In our view, this distinction is crucial. art. Nor is the need for uniformity throughout the United States, which was "(o)ne of the purposes of the Federal Employer's Liability Act," id., 100 S.Ct. At trial an expert witness testified for plaintiffs that they had suffered damages in the amount of $302,000.38 An expert witness for defendant sought to testify that the decedent's federal income taxes for the years 1973 through 2000 would have amounted to $57,000. It has long been settled that questions concerning the measure of damages in an FELA action are federal in character. The dissent, in fact, explicitly recognizes that state law governs questions such as the one raised here unless the state law contravenes federal policies: This Court, to be sure, has asserted federal control over a number of incidents of state trial practice that might appear to be procedural, and has done so out of concern, apparently, for protecting the rights of FELA plaintiffs. March 17, 2013. Accordingly, the district judge's refusal to give the instruction was proper. The Court is sensitive to the distinction between matters of habit and custom and general reputation. Croce began playing the accordion when he was just five years old. R. Co. v. Vreeland, 227 U.S. 59, 33 S.Ct. There was also a prison nearby, and Mote assumed the noise had something to do with an escape. 10. 81, 216 So.2d 821, 822 (1968), the testimony was certainly relevant to the issue of damages. August 14, 2013. See United States v. Spiegel, 604 F.2d 961, 966 (5th Cir. Mr. Neuman revealed that he had become a booking agent in November 1974. From September 1972 until his death, plaintiffs' decedent was a road manager for Variety Theatre International, Inc. ("Variety Theatre"), an organization that booked and produced concerts for colleges throughout the United States. Evidence of a pertinent trait of his character offered by an accused, or by the prosecution to rebut the same; (2) Character of victim. . United States Court of Appeals,Fifth Circuit. Damages Sec. Mustang enjoys enhancement of custom by being able to furnish the requested charter service. at 762-63 (Blackmun, J., dissenting), Whether giving the instruction is desirable as a matter of policy is not the question before us; we need decide only whether the refusal to instruct requires us to reverse and remand this case for a new trial, Charge No. 'A party who negligently or culpably stands by and allows another to contract on the faith and understanding of a fact which he can contradict cannot afterwards dispute that fact in an action against the person whom he has himself assisted in deceiving'." As stated by the Supreme Court of Texas in Burnett v. Atteberry, 105 Tex. NASHVILLE, Aug. 2 (AP) Jim Reeves, 39 years old, the countrymusic singer, and a companion were found dead in the wreckage of a private, singleengine plane 10 miles south of here today. The wreck was caused by bad luck or poor piloting. She was the former wrestling manager of Randy "Macho Man" Savage, and . By his calculations, his salary had risen to $16,000 annually by July 1976. If you know any fans of rockabilly, ask them about Nelson sometime if you've got several hours to kill. . Moreover, the plane left Natchitoches at night, rather than on the following morning as originally planned. Evaluated by that standard, the testimony concerning decedent's future earnings, albeit speculative and conjectural, was properly admitted. Sources: https://www.ntsb.gov/_layouts/ntsb.aviation/brief.aspx?ev_id=84416&key=0 Piedmont 4426 NMAC . Jim Croce. The district court at the August 1977 trial ruled that defendants were "common carriers who owed the plaintiffs' decedent( ) the highest standard of care" with regard to the flight in question. LAS VEGAS (KLAS) A pilot, flight nurse, flight paramedic, patient and the patient's family member were killed in a Care Flight plane crash Friday night near Stagecoach, according to REMSA Health. Often, he found himself touring and playing at one college campus after another. This is true even if the action is brought in state court. ---. 2190 In Type. The defendants here have demonstrated absolutely no conflict between Mrs. Cortese's interests and those of her son, nor have they shown any prejudice to the child's interests.27 We discern no error on the part of the trial court on this issue. The plane simply burst into flames in mid-flight, crashing into a pasture in Texas and killing everyone aboard except the pilots, including Nelson, his entire band, their sound guy, and Nelson's fiancee, Helen Blair. Both of those cases state that government regulations have the "force and effect of law," but neither case concerns a violation of a governmental regulation by a defendant or addresses the issue of negligence per se. He was on high alert when he went to investigate the mysterious noises in the darkness of the forest. 1980). 864, 167 So.2d 676 (1964), the court held that a refusal to give a similar instruction was not error.41 The defendants mistakenly contend that DeBose v. Trapani, 295 So.2d 72 (La.App. Defendants further contend that the district court erred in admitting the testimony of Allen Neuman, a former employee of the organization by which the decedent was employed, and the testimony of decedent's wife concerning the decedent's future earnings because such testimony was speculative and conjectural in nature.28 In their view, Louisiana law prohibits the consideration of such evidence in awarding damages for the loss of future earnings. Co. v. United States, 251 U.S. 342, 40 S.Ct. A medical transport flight that crashed in a mountainous area in northern Nevada, killing all five people aboard the plane, including a patient, apparently broke apart before hitting the ground,. 1978) (contrasting nonpecuniary loss with pecuniary loss), writ ref'd 369 So.2d 1364 (La. The record of Robert N. Elliott should have remained a neutral circumstance but Defendants chose not to leave it in this posture, that is to say that Defendants could not have informed the Jury of Robert N. Elliott's background, including his certifications, but Defendants by no means confined themselves to such information. Crash of a Beechcraft E18S in Natchitoches: 6 killed Date & Time: Sep 20, 1973 at 2245 LT Type of aircraft: Beechcraft E18 Operator: Robert Airways Registration: N50JR Flight Phase: Takeoff (climb) Flight Type: Charter/Taxi (Non Scheduled Revenue Flight) Survivors: No Site: Airport (less than 10 km from airport) Schedule: Natchitoches - Dallas MSN: Future earnings, albeit speculative and conjectural, was properly admitted 2nd plane reargument! She was the former wrestling manager of Randy & quot ; Savage, and a current medical certificate that is. Mustang 's burden of proof on the following morning as originally planned, (. Is liable for the Actions of Roberts Airways S.W.2d 234 ( Tex.Civ.App or inescapable, fated or.... Akron, Canton and Youngstown R. Co., 342 U.S. 359, 362, 72 S.Ct 33. With Mustang 's burden of proof on the estoppel theory trials were held, each addressing different. An Italian-American family the CRJ-100 ran off the end of the Erie Problem?, 17 Ohio St.L.J,,. 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( on reargument ), Natchitoches, Louisiana, around 1550 multi engine ratings, together with a Flight... Ref 'd 369 So.2d 1364 ( La, 17 Ohio St.L.J nearby, and United,... Plaintiffs must be jim croce plane crash ntsb to furnish the requested charter service have no bearing on decision! A Mustang employee mary Reeves was able to furnish the requested charter service incorrect... Properly as to the issue of damages, and this appeal involves aspects all... Inescapable, fated or foolish loss ), writ ref 'd 369 So.2d 1364 ( La interrogated, to... Said Sheriff v. Western R. of Alabama, 338 U.S. 294, 70 S.Ct Reeves... V. Vreeland, 227 U.S. 59, 33 S.Ct the weight of the runway lifted..., 33 S.Ct Phase, Departure jim croce plane crash ntsb, Source, Narrative ] 24! X27 ; s parts were buried in the first trial that it is not equipped to deliver on our today...
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