Charles Babcock argued for CBS. Babcock was accompanied by Mary Lou Flynn-Dupart. Neil McCabe representing Virgie Arthur was accompanied by Carl Shaw and Lilly Cadena of the O’ Quinn Law Firm.
Judge Weiman signed CBS”s proposed order for protection and said that he had studied the summary judgment issues.
Weiman said he was ready to rule on the summary judgment motion, and as we all know, the Harris County website has the following posted, “2/26/2010 ORDER FOR INTERLOCUTORY SUMMARY JUDGMENT SIGNED 1 page.”
The Judge said that, if he denied the summary judgment motion, then the order of protection would not stay in effect. He also said that, even if he granted the summary judgment, CBS probably would have to submit to discovery that might pertain to other defendants.
Judge Weiman set a status conference for March 12 at 3:30, after conferring with McCabe and Babcock about an appropriate date. Of course CBS being involved in a status conference will depend upon the ruling that we are waiting to see.
Here is today’s order as we wait for the decision that has obviously made.
http://qvsplace.com/022610_Arthur_vs_Stern_etal_CBS_Protective_Order.pdf
UPDATE: It appears that CBS was granted their motion for summary judgment and the order was back dated to the date of submission which was November. The document is not available yet.
UPDATE II: Possibly the district court’s notation of “interlocutory” is not wrong after all. CBS filed a motion for “final” summary judgment, which the court appears to have granted, as reflected on the court’s site, dated Nov.16, 2009. The district clerk’s site shows interlocutory order, which is correct as to the case as a whole, because a summary judgment is not “final” in the true or ultimate sense of the term unless all parties and all issues have been done with. The order may be final as to CBS but it is interlocutory as to the case as a whole.
UPDATE III Order granting summary judgment to CBS Studios.
http://qvsplace.com/Arthur_vs_Stern_etal_Order_Granting_CBS_SJ.pdf
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{ 73 comments }
Thanks, QV. I’m sure the Sternies will see this as a win. However, Virgie went into this District case without CBS. Art Harris is still a part of the suit, and CBS was paying for Art. I wonder if Art will have to foot his own bills now.
Hi Carole. I think it will be smooth sailing from now on. With all the evidence that McCabe has, the rest of them are toast. Its just a matter of time.
:sick: You should see the dancing in the streets over you know where. However I do think it’s time to get this show on the road, and I’m tickled to see the Motion to Compel on Howie.
‘The notion to compel’ reminds nee of bobbins…and a song with bells.
Twas ‘tubular.’
I agree with Carol and this is a loss for Art Harris. When Art finally is forced to tell the truth the Stern worshiping will be over IMO. Of course there will be those few left who will still ignore all evidence but I am glad a lot more are going to have to admit they were wrong about him.
*Carole*
QV, I’ve been away for awhile but checked over at turners and she is saying something about teresa being blindsided. I didn’t read it all. I can’t image how anyone could blind side TS since she was the one who started all that nonsense. If she went in unprepared or full of false information I would think that is more her friends fault then anyone else.
Hi Mary, I think she is saying that I am going to be blindsided which will not happen. My attorney was fully aware of everything going on and took care of it properly.
She has told so many lies about you QV, I hope one day she is fully exposed for what she did to so many.
You have my email address if you ever need me as I understand what she did to you. I can validate your position.
Okay, just read it and think I know what she is talking about. Will admit that site is very disorganized and hard to follow. One day this, next day something else.
Anyway, thanks for being a reliable site :-))
Thanks Mary. I think I’ll just choose to ignore the ignorant IYKWIM :-)
Gosh QV, you never have ignored anyone, I don’t believe.
You have been very good with just ‘reporting’ facts and ‘entertaining’ us.
Although, unlike most we know ‘whose side you’re on!’
I Guess!!!
Back to our regularly scheduled program….. This is a document that may have not been posted previously…
http://qvsplace.com/Arthur_vs_Stern_etal_TMZ_Supplied_Insurance_Coverage.pdf
Thanks for the docs QV. I can’t believe its March and they’re calling for snow here tonight! That is NOT supposed to happen in Georgia. I can remember when I was a child in Alabama, we were “accidently” falling in the lake by the middle of March! :-D
The weather is just weird Carole. I remember wearing shorts in April in Ohio even….now I wouldn’t be surprised to see a snow storm.
LOL@”accidentally”
Last time ‘they’ ‘called’ for snow it rained!
The weather here is not easy to predict…
It’s supposed to snow for most of the day and evening, yet ‘they’ say that ‘accumulation’ will only amount to and inch or 2.
And you know in typing this, I got my mind in the gutter 2 or 3 times!!!
lol
“interlocutory”
Reminds me of a ‘cam’ for ‘Singer’ sewing machine.
I need clarification on something.
Question: Te CBS motion, is it a loss for the party who designated them? I understand CBS had money but the reality is VA didn’t attempt to add them, Art did. I don’t understand the claim another loss for VA when it was not her motion in the first place. It seems to me a loss for Art because the way I understood this case he was the one who wanted the CBS attorney.
Mary,
It was ‘Rose’ who got them designated as responsible third parties not AH. Although from what ‘Rose’ seemed to be saying from what we have seen, AH was for it so CBS would help him. Don’t know if that is true or not but it would make sense.
Then the Plaintiff had CBS joined to the lawsuit since they were a designated responsible third party. It is a least a little bit of a loss for VA. It would put them back to the defendants they had prior to CBS being added. CBS may still have to give evidence in regards to the other defendants so that may still be a plus.
We will have to see if CBS eventually stops paying for AH’s attorneys, if so then it was a loss for AH.
Basically we will just have to wait and see what happens.
JMO
Hi SheStone,
I get what you are saying but my point is VA did not loss the motion. All the talk about VA lost another one is not correct.
Also, the reason I keep saying Art loss is because according to Turner he was the one who begged her to add them.
And I am waiting to see if/when the judge writes up an in-depth opinion. That will give us some clues as to what he relied on and if it will benefit the other defendants but I think not.
Has anyone been following what Harris is up to in the Haleigh Cummings case? A friend of mine sent me a bunch of links to read. Good stuff there. It appears Harris didn’t learn his lesson from this case. He has not acted as a journalist but as a shill. He is supposed to be a professional and what he is accused of is not professional by any means.
—————
http://www.bloggernews.net/123929
“When Kim Picazio filed her Bar Complaint response she made it clear, crystal clear, that Art Harris had been retained as a media advisor to assist in the rehabilitation of Crystal Sheffield’s reputation The entire set of documents are here. Art was furious when this information was made public. In fact I was told by a source very, very, close to the case that Mr. Harris actually asked Ms. Picazio to retract part of her evidence, particularly the incriminating evidence that implicated Art as being a hired gun. This week the Bald Truth has been busting a ball on Nancy Grace, “they need to look at cousin Joe”, we have heard this so many times it is a joke. Who is he working for now? Even Nancy Grace seems to be rolling her eyes about this one. Is Art back on the Sheffield payroll?”
We were cracking up at Art when he was on Nancy Grace, he is so obviously a game player, the way he makes a living is really creepy. My husband never liked him. I remember when ET linked his site and what he said about Art.
He also warned me about Turner and wish I would have listened to him.
Anyways, back to the CBS it is my opinion they are still harming VA by trying to make it appear all she cares about is money and how this CBS decision was a loss for her when I clearly remember the email she had me send Art that she was working on getting him an attorney via the third party motion. They are still harming the poor woman IMO. I really can’t stand any of them and they way they blog about her is horrible. And when I ask them to show me where she lied, they never answer me. I read her depo and she was very honest. I can’t find all these lies they claim she told. I have talked to and read so much on this case and what I find is a good, kind, forgiving woman who has been harmed via Stern. I have never witnesses anyone do to a grieving mother/grandmother what that man did to her. He has never shown remorse towards her for what happen to her family.
Dear Virgie,
http://www.youtube.com/watch?v=lv8k0VI9tBc
Guess you knew but not only did you have her, you had several other children, not to mention a few pets, and more than likely a few stray dogs.
I don’t think you were Oh-Mish…just like most of us, you like fried chicken, mashed potatoes, smothered in gravy, and that’s just meat-juice and flour, constantly stirred to make what ‘some fancy’ would call something so simple, French.
In regard of your upbringing, I’d say you came a long way and it’s no wonder you never learned how to cross or legs, although you did get given ‘their right to pack a weapon…
And we all weep and I’d guess you like songs and psalms and with all those little ‘smiley replica’s’ waving flags, and holding signs, and smiling and all those ‘graphic pages of your daughter’ getting ‘pinned down’….
I can only offer one ‘Ideal’ read and narrated by Robert Redford said in some ‘movie’….
“We know more that that….(that pronoun)…was beau-tiful”.
If I were you I’d take Hugh Hefner to the bank along with Marshall and HKS.
Good Luck?
freida, what does Hugh Hefner have to do with what was done to VA in the media/Internet via Stern?
Also, she is not suing the Marshall’s.
Frieda, I really don’t think Anna Nicole’s mother approved of her lifestyle. That is why there was some tension between them. But they loved each other and never lost contact. And her mother should not have been stripped of her rights to take her daughter home to bury her by interlopers and hangers on. Cause that’s just what they are. A mother’s love knows no boundaries. At least that’s how I feel about my kids and I think Mrs. Arthur did too and I bet you do as well.
Why won’t the smileys work? What a pain in the tookus! I have the ones working in the box but now not on the blog. Oh well :roll:
Oh and IMO, JMO and an opinion is like an a**h**e. We all got one!
I just want to clarify something in regards to my comment about CBS and VA. I understand her attorney’s would like to have them added. The point to me is it was not a loss for VA in that I don’t believe she is in this for money. O’Q offered to help her because of what he saw but IMO she is in this because she loves her daughter and wants justice.
I’m sure I would feel the same except for the part about the grave, or shrine.
Her daughter has gone ‘home,’ I would believe or say, and not to the Bahamas but to some other heaven.
And who knows how much she was manipulated or seduced into the realm of that Hollywood dream?
People usually sue for money, not ‘justice.’
IMO
No “wrongful death suit?”
Freida, Why should Mrs. Arthur lie down and take what has been done to her? She must also clear her name of libel that people (including myself) collaborated on to ruin her. There was no reason to so viciously attack a mother and grandmother who just lost her daughter and grandson under mysterious circumstances. I simply believed what I saw on television which was also a huge media campaign to make her look horrible so she would not have any access to her granddaughter. HKS, his sister Bonnie Stern and LB and others conspired to make her look like some kind of monster. They succeeded. Now they must pay and she deserves any damages that might be awarded to her. The court in Florida operated illegally. By law, she should have been the only person claiming custody of ANS body and the only person who should have had access to the baby until the paternity case was settled. She is a retired career deputy with the Harris County Sheriffs Department, Houston Texas and her record is spotless. The rest of the crap put out there was fake and lies. If I was her, I would do the same thing.
She does not have legal standing to file a wrongful death suit. If she did, it would have already been filed. :yes:
What grave or “shrine” are you referring to?
Any ‘shrine’ is but a thing, maybe a tourist attraction.
And, although she might have been ‘put under circumstances’ and probably emotional.
She said a few things out loud, in court…that rather ‘libeled’ herself.
Yet, as I said, ‘understandably emotional.’
Yet again, how could you say some of that stuff she did?
Like when she referred to herself as ‘getting cold, too!’
I think that was ’round the time her attorney fainted.
“Getting ‘old,’ too!!!”
Tell me what she said that libeled herself. I don’t recall her saying anything about getting “old” when O’Quinn’s diabetes made him collapse either.
“The Law” is written in VOLUMES by (mostly) men in the PAST, documenting case HISTORIES of wins and loses, not necessarily FACTS, but CLAIMS.
To physically have a grave ‘dug up’ and a ‘body’ (rather remains) resumed.
Makes about as much sense as making a profit on grief.
Gee whiz…is this ever going to be ‘debated’ on television again?
Maybe by Gretta or Nancy, or one of ‘The others?’
Reminds me of a movie.
In typing that, I’d say that the life of Virgie might actually make for some ‘script writer’ and ‘The Others’…a mighty fine movie if only they got the right players.
I’m sure it would be, or could be a ‘Lifetime’ hit!!!
No joke!!!
We’re talking ’bout ‘The Revolution’ of women ‘on the beat.’
What do you think?
And call it…by all rights…”A Mother’s Last Wish.”
Wonder if ‘it’s in the works?’
Oh, you’re just leading me on….lol.
Reminds me of once-upon-a-time when a couple of guys were on television talking about how terrorists could fly planes into the twin towers….then a couple of years later.
Who makes those toys?
WAMO
No kidding, though…I do hope ‘that movie’ is in the works.
Lord knows we all need a really good, new production…
Something a little better than ‘they’ did in a rush, on BRAVO.
Someone didn’t like Anna, and the narrator might have been #1.
Probably jealousy?
More likely than not, did themselves no justice.
Well, you know…. My daughter had a step-mother who took her fathers body to a different state and buried it when he was killed. My ex in-laws, who are wonderful people by the way and still after many years refer to me as their daughter… and my daughter were so very hurt. When they want to visit and honor the deceased, they have to invest a lot of time and money to do so. Just because some vindictive bitch didn’t like people who were much nicer to her than she deserved.
Howard left the Bahamas and never looked back a long time ago. Anyone who wants to visit the graves has to have a passport and plenty of airfare and money for those fancy hotels down there. IMO, that was another vindictive situation and totally uncalled for. I hope someday, Anna and Daniel can be brought home.
I don’t think there is another movie planned. I didn’t even watch the one that was out.
Here, read this if you like…. The man posting says he knew Anna Nicole and photographed her before she left Texas years back. Its a good explanation of what was really going on.
http://www.topix.com/forum/who/anna-nicole-smith/TCBC5J23N8BIT6858/p221#c4650
“I hope someday, Anna and Daniel can be brought home.”
Did you ‘type’ that?
They ‘went home’ a few years ago, unless they possibly were taken in by that prince of dubai (no need to capitalize)…
Could that actually be ‘the case?’
If they’ve ‘passed’ that’s another realm, and ain’t no one on earth gonna’ bring them back down to earth.
So, once you get tossed out of ‘the nest’ it’s either you learn to fly real fast or you don’t.
I think Virgie and Hefner could have a ‘living garden’ or such in Texas for a daughter that went her own way.
And they should have a fountain in the midst of all that, where pennies could be tossed and you could by a yellow-rose or some other favorite flower, or a pet…or get to hold one up close and personal without the ‘dept’ of actually feeding one for their entire life.
Maybe a place where ‘over the rainbow’ you could pay a fee to see the pretty flowers growing and own a pet for a day.
A place where families could gather and remember Daniel.
They could sell ‘fried chicken’ and mashed potatoes smothered in old, fashioned good gravy.
No joke…
They could even establish a museum of sorts, of all the dresses and costumes Anna wore, or didn’t…or perhaps a bird sanctuary with feathers on display and which birds produced them.
It actually is starting to sound like a pretty nice place to visit on a any given day.
A place devoted to beautiful things.
A Memorial Garden…instead of a grave yard with ‘pink’ tombstones.
Maybe ‘The Police’ could even get involved in evolving a museum there, with a museum of ‘artifacts’ of what…old “Playboy Magazines?”
Not a real pretty picture that.
So why not just ‘the tried and true’ and the larger than life model of a runway to nowhere?
No, whoa.
Actually, to me that’s the glory of Vickie’s life, when she strutted for big Texas and all US big women…
Actually they could have a show case of all those different ‘drugs’ and a place where families could go learn ’bout each little pill, or liquid supplement.
A park of sorts, that really could be an institution for higher learning if only Hef wasn’t so old and on his way out…so maybe HKS could take the lead here, and make a new ‘Horizons.’
“….to visit and honor the deceased”…doesn’t mean graveside.
Although ‘detached’ from getting ‘the point’ of some picture of words of in-laws that you drew.
QV if I didn’t no better I might think your ‘initials’ are no other than those of someone else.
Sure do like to believe or make pretend.
Yet still do some kind of mind.
I’m getting tired, yet still hungry.
Mashed potatoes and gravy, and some ‘once baked’ defrosted Turkey is on my menu tonight, and a salad for starters.
Sure it does. If it did not, why are there grave stones and cemeteries and caskets? Why are soldiers “brought home”. Maybe there is no significance for you my dear but to many millions, the “graveside” is an important place.
I’m tired too. I think I’ll hit the rack early. No wonder we are both tired. We both were up half the night blogging. Its actually supposed to be above 40 degrees tomorrow here. I plan on getting out and enjoying some fresh air.
Parents do sue for justice. I am not saying that the attorney’s do; but the parents, yes they do, all the time.
In regards to bringing her daughter home how dare any of us begrudge her that or accuse her of wanting to make money from it. But, if the family did that should be their choice to make. The family has had road blocks set up every whcih way they turn and it is wrong. Once you finally realize how manipulating stern is and what he did to Anna and her family you will one day see what many of us now realize. The guy uses everyone, can’t help himself but worse is what he did to a woman in need and a her family.
JMO
40 degrees is considered cold here
Our days are getting longer and the birds are singing…spring is in the air
Have fun tomorrow QV, hope you enjoy the day
I’ve been eating salmon lately, suppose to be really good for you. I am on a health kick lately, hope it sticks.
Oh yes. 40 degrees is plain old balmy to me. I can tell I’m getting older. I hate the winters here more and more. I never thought I would say that. Salmon… I used to make salmon patties from the canned stuff. I see a lot of salmon fillets now at the store. I see they also have pre-fab breaded “salmon nuggets” too. I had to look twice to see if I really saw that.
Thank you. I am really looking forward to some fresh air and sunshine. 8)
The best thing on tv tonight is a movie from 1980.
It was either ‘that runway’ or “The Birdcage.”
So which was my pick.
Time to turn it off and until we ‘blog’ again….sweet dreams.
When you die that’s it, doesn’t much matter where your ‘after math’ gets buried.
It’s only gonna get below freezing here tonight in my neck of the “Carolina’s in the the sawed-down pines” and maybe for a few more weeks.
But it’s sure to be a nice weekend, unless you like it hot.
Okay, now I’m gonna tease a tad. Woke up this morning and my husband told we are going to have 70 degrees Monday, LOL!
QV, I know what you mean about getting older and the cold. I lived up north (was your neighbor almost LOL) for 36 years and am happy to be out of that weather. My family really complained this year.
Freida, do you remember us talking about salmon last year? Anyway, if you are going to eat it for health purposes broil plan salmon is the one to get, put some lemon and season to taste. I use braggs amino acid seasoning (it taste like soy) but you have to watch your salt intake with that seasoning.
I think the “place where a loved one lies” is a very crucial part of some family’s lives. It’s a place to “visit” with them even though the survivors know that the important part of that person has moved on. All that remains is the husk that contains them. Yet, still, it’s important for some to be able to be close to that husk. My family has a “family cemetary” in Alabama way out in the sticks. Once a year, the clan would pack up and go there, have a huge family picnic, and clean and tidy up the grave sites. And the best thing about my families cemetery is that some important part of the deceased is mentioned on the stone itself. There are two brothers who lie side by side; one fought for the North in the War between the States, the other fought for the South. On their headstone, someone carved “Brothers, even in Eternity”. Cemeteries give you a connection that a memorial cannot give. I go there to walk among history, and pay my respects to my loved ones. I can’t imagine not being able to do that. I, too, hope someday, Anna and Daniel will be brought home so that their family can pay their respects.
ok…spelling is Chit today. Sorry QV. Hope you’re enjoying the sunshine.
Well, if you’ve got ‘family that sticks together’ and never moves all over the country, or world, to find work or get a job.
I married a Nomad!!!
Yet, even before I did I never visited the ‘graveyard.’
Instead I would, and still do get out the picture albums and old letters, and especially the recipes I collected remind me of ‘Mom’ when I cook.
Never could hold a candle to hers.
It’s been a while since I made Salmon Patties…I make them with ‘Shreaded Wheat’ (cereal).
They are bland, and wonderful with ketsup. Although now that I’m older I like tartar sauce…that’s mostly Mayo…when I was young I preferred Salad Dressing, you know it’s the same stuff mostly just with sugar added.
And Virgie reminds me of a song…”If It Happened To You, You’d Cry, Too”…are the lyrics in part.
She must’ve been happy at first when AKA got another chance and the ‘Reality Show’…then as it progressed, seems it got more and more depressing, in ‘Reality To Watch.’
Anna’s ‘Shrink’ had a chance and may have been trying to change her and more than likely her son…yet once ‘an adult’ is so ‘engraved’ or ‘etched’ in being whom they’ve become…not easy to change.
So, if Virgie ‘wins’ what will she get?
What will the attorneys earn?
And everyone will ‘just’ walk away loaded with cash, I guess.
Oh, but then ‘wood’….I wonder if Virgie would use her ‘winnings’ for Bahama vacations?
Gee, that might could work out very nicely for her retirement years.
It really is a lovely place, near paradise.
Am I behaving myself and minding my words enough to get to stay working this thread?
I’m finding ‘this debate’ real nice.
No one trying to attack me physically and no cursing.
All ‘civil’ and nearly sane…lol.
“If I Had A Hammer”
There’s no way I could play that ‘roll’ Justice Judy does…she’s more spernickier than me.
Carole, that is a touching story and many families want a place to visit.
Freida, My opinion is she has succeeded in exposing Stern for what he is and it may be enough for her. These types of lawsuits the clients don’t end up with much but she has been recognized as Anna’s next of kin and that has to mean something. Hopefully she will bring them home and lay them to rest in America. They should not be on foreign soil.
Next of kin was a given, ’cause AKA was always Vickie, even though she legally changed her adult name for an audience, or possibly ’cause like a lot of folks, some don’t like the name they were given, or would like to disassociate themselves from their families, or origin; or possibly to protect their families from their new associations.
That’s a though.
Yet to bring them back (now) would mean digging up a lot of ‘grains of sand,’ and the physical removal of remains, and shipment and what a mess that would leave.
Reminds me of “Holes.”
What a thought for a fine, and beautiful, and sunny Sunday morning.
I think Winter is done!
One thing’s for darn sure, Virgie is tough!!!
She had all those kids, and worked herself up from selling donuts to wearing a uniform and getting ‘authorized’ to use a weapon.
Reminds me of old commercials for ‘Virginia Slims,’ and ‘Lucky Strikes.’
Gosh, those ‘tobacco salesmen’ sure were crafty.
Bad math.
You’ve got Carol, Mary, SheShone?, yourself and me, and possibly one other. Yet, I made most of the ‘bulk’ of these ‘comments.’
So, more like 85 to 90%?
We all know in reality that, probably if Anna/AKA Vickie (transposed on purpose), had worked as hard as her Mother did, and kept ‘in touch,’ with ‘said’ reality…
And she had a a darn good lawyer, a nice boyfriend, a good shrink a mighty ‘promoter’ (Hugh)…
And although Howard said, she was smart…I think that was his heart.
I just read about the alter ego thing and to tell you the truth I would have never realized what larry’s attorney was saying if turner wouldn’t have played the victim drama.
Frankly, I find the statement inaccurate. There is no way VA and turner are psychologically similar. VA is mother with the ability to love her offspring, no doubt about it. Not one of us can say how we would react under the circumstances VA was under. As humans we only truly know until put in the circumstance. Can you imagine the pressure VA felt knowing what we she did about the control her daughter was under after the death of her grandson? The young man she cared for until he was six, the loss she endured?
I just wish that thing over there would quit acting as if she would know how she would act and stop attacking Ms. Arthur. I wish once, just once she would show remorse for her actions and compassion for a mother.
When the group finds out this estrangement was not what they believe will they then apologize or are they so embedded in their beliefs, so unable to reconcile the truth they will forever hate a mother who lost so much.
Freida, I’ve been gone but I’m back now and I will start spring cleaning.
This is the last time. I don’t have time for this Frieda. You know what you are doing. I mean its THE VERY LAST TIME. I promise you that.
Mary, I have not read that yet. I’m way behind on my document reading. Sounds amusing though if I understand correctly what you are saying.
Yes, I know exactly what I am, or have been doing…making fun in light of all this sadness, in fact.
I did say ‘sorry’ ’bout some of the stuff I posted, such as ‘links’ to “Wipe Out” and “Lie to Me.”
The ‘reality’ of what Virgie had, and was lost, is something I’d never wish upon even my worst enemy.
And that’s the truth.
All of this is tragic and all about ‘The Beauty and The Beast.”
Although, not the ‘fairy tale,’ not even the “Old Mother Hubbard,” compares in ‘real life.’
Someone has mighty faith or possibly just good bones.
Yet, I wonder why on earth didn’t Virgie take ‘that call’ after Daniel passed…or perhaps she did, and we don’t know the truth…just getting led and snared into this CyberSpace.
http://www.youtube.com/watch?v=QPoTGyWT0Cg
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