The constitutional provision that federal judges and justices hold office "during good behavior" has. maintain legal consistency over time, so confusion and uncertainty about the law can be avoided. Docket no. William R. Amlong: Mr. Chief Justice, and may it please the Court– This is an employment discrimination case in which there are two issues facing the Court. Faragher v. City of Boca Raton, case in which the U.S. Supreme Court on June 26, 1998, ruled (7–2) that—under Title VII of the Civil Rights Act of 1964—an employer may be liable for supervisory employees whose sexual harassment of subordinates results in “a hostile work environment amounting to … 97-282. Syllabus ; View Case ; Petitioner Faragher . The Supreme Court is likely to grant a hearing when a case involves. There are ________ federal courts of appeal. DECISION BELOW: 646 F3d 461 CERT. Issues on Appeal We address two issues in this opinion:3 First, whether the City may be liable under Title VII for Terry's and Silverman's 97-282. 97–282. FARAGHER v. CITY OF BOCA RATON(1998) No. FARAGHER v. CITY OF BOCA RATON. political appointment, competitive elections of a partisan nature, competitive elections of a nonpartisan nature, merit selection. In her complaint, Faragher alleged that two of her immediate supervisors created a “sexually hostile atmosphere.” As part of this atmosphere, Faragher argued that … III. Faragher then appealed that decision to the U.S. Supreme Court. This case calls for identification of the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964, 78 Stat. A concurring opinion is a view written by a justice who votes with the majority and agrees with its reasoning. Faragher v. City of Boca Raton: The Basics. Faragher v. City of Boca Raton, 524 U.S. 775 (1998), 1. Respondent City of Boca Raton . Start studying Faragher v. City of Boca Raton. Faragher worked part-time as an ocean lifeguard for the Parks and Recreation Department for the City of Boca Raton. 94-4878. Oral Argument - March 25, 1998; Opinions. 97—282 BETH ANN FARAGHER, PETITIONER v. CITY OF BOCA RATON ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT [June 26, 1998] Justice Souter delivered the opinion of the Court. Faragher v. City of Boca Raton, 524 U.S. 775 (1998), is a US labor law case of the United States Supreme Court in which the Court identified the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964 for the acts of a supervisory employee whose sexual harassment of subordinates has created a hostile work environment amounting to employment discrimination. § 1983 (Counts II and III). Justice Thomas, with whom Justice Scalia joins, dissenting. 1. invalidate the actions of other institutions when judges believe they have acted unconstitutionally. First, they should implement mandatory training or other programs to ensure that their supervisory employees are not engaging in sexual harassment or discrimination. A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a. until they retire, die, or are removed through the impeachment and conviction process. Faragher v. City of Boca Raton. According to the Constitution, the federal courts can issue a decision only. constrain the judiciary, because court decisions must be based on applicable laws. That said, employers do have an affirmative defense that they may absolve them from vicarious liability. City of Boca Raton After quitting her job as a lifeguard, Beth Ann Faragher brought up a case against the City of Boca Raton because her immediate supervisors, Bill Terry and David Silverman, had created a “sexually hostile atmosphere” at work. SUPREME COURT OF THE UNITED STATES No. informs others of the Court's interpretation of the laws and thereby guides their decisions. FARAGHER V. CITY OF BOCA RATON 2 Summary of Facts In 1992 Beth Ann Faragher (plaintiff) sued Bill Terry, David Silverman, and the City of Boca Raton (defendants) asserting claims of hostile environment sexual harassment Under Title VII and Florida law. 1552 (S.D. View an educator-verified, detailed solution for Chapter 41, Problem 03 in Mann’s Essentials of Business Law and the Legal Environment (13th Edition). Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998). FARAGHER v. CITY OF BOCA RATON certiorari to the united states court of appeals for the eleventh circuit No. Facts: (brief summary) Beth Ann Faragher alleged that her supervisors had created a sexual hostile atmosphere at work by commenting, making remarks and touching her. In 1992 Beth Ann Faragher revealed to the city of Boca Raton that her two supervisors Billy Terry and David Silverman had created a sexual hostile environment at the workplace. One of the more important U.S. Supreme Court cases that govern sexual harassment law in the workplace is Faragher v. City of Boca Raton. 524 U.S. 775. 1996). They had a In her complaint, Faragher alleged that two of her immediate supervisors created a “sexually hostile atmosphere.” As part of this atmosphere, Faragher argued that she and her female colleagues were subject to “uninvited and offensive touching,” making lewd and inappropriate remarks, and speaking of women in offensive terms. 1996). Opposition to the judiciary's creative policy-making role is a consistent tenet of judicial, According to the doctrine of judicial restraint, the judiciary should. This site requires JavaScript to function properly. Syllabus Opinion [ Souter ] Dissent [ Thomas ] HTML version PDF version: HTML version PDF … an interest that is not a direct party to the case. Issues on Appeal. The Faragher case laid out in clear terms that employers may be liable for supervisors’ discrimination of their employees. Fla. 1994). Docket no. Opinion for Faragher v. City of Boca Raton, 864 F. Supp. Faragher v. City of Boca Raton, 118 S.Ct. an issue that is being decided inconsistently by the lower federal courts. The Supreme Court, in … Oral Argument - March 25, 1998; Opinions. Luis A. Arroyo CRJ550 – Legal Issues in Criminal Justice Administration Week #3: Case Brief # 14 March 25, 2011 TITLE AND CITATION: 118 S.Ct 2275 (1998) – Faragher v. City of Boca Raton, Fl (U.S. 11 th Circuit of Appeals) TYPE OF ACTION: Faragher sought relief against two former supervisors, Bill Terry and David Silverman and the City Of Boca Raton, for sexual harassment under Title VII. That hostile work environment was attributable to both of Faragher’s supervisors. The lowest level of the federal court system is the. The "federal court myth" overlooks the fact that. Faragher v. City of Boca Raton, 118 S.Ct. This case is about Beth Ann Faragher, who in 1992, after resigning her position as a lifeguard brought action against the City of Boca Raton. JUSTICE SOUTER delivered the opinion of the Court. She said that there was constant uninvited touching and offensive terms spoken about women. JUSTICE SOUTER delivered the opinion of the Court. Even though the Faragher case offers an affirmative defense for employers, they cannot assume that the defense automatically applies to them. In its ruling in Citizens United v. Federal Election Commission, the Supreme Court. Facts: (brief summary) Beth Ann Faragher alleged that her supervisors had created a sexual hostile atmosphere at work by commenting, making remarks and touching her. FARAGHER v. CITY OF BOCA RATON CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. The United States has two court systems, state and federal. eleven have jurisdiction over a "circuit" comprised of the district courts in anywhere from three to five states. Even though the Faragher case was decided more than two decades ago, employers should take action on two fronts. Decided by Rehnquist Court . case of Faragher v. Boca Raton, No. The appointment of which Supreme Court justice in 2006 swung the Supreme Court to the right? The most heralded legacy of the 1998 U.S. Supreme Court decision in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) — a plaintiff’s victory allowing vicarious liability for hostile-environment discrimination — is, ironically, the “ Faragher defense.” faragher v.city of boca raton. Which of the following Supreme Court justices was appointed during the Clinton administration? Lower court United States Court of Appeals for the Eleventh Circuit . Id. For five years, plaintiff worked for the city as a lifeguard. It considered whether the two supervisors were acting within the scope of their employment when they engaged in the harassing conduct. Media. A panel of this court reversed the district court's judgment for Faragher on her Title VII sexual harassment claim against the City, but affirmed the district court's judgment in all other respects. United States Court of … Between 1985 and 1990, while attending college, petitioner Beth Ann Faragher worked part time and during the summers as an ocean lifeguard for the Marine Safety Section of the Parks and Recreation Department of respondent, the City of Boca Raton, Florida (City). No. The Supreme Court decision in Marbury v. Madison is significant. 97-282 . City of Boca Raton, 524 U.S. 775,and Burlington Industries v. Ellerth , 524 U.S. 742, both in 1998. Decided in 1998, Faragher further interpreted Title VII of the 1964 Civil Rights Act—specifically when employers may be held liable for the acts of a supervisory employee whose sexual harassment of subordinates created a hostile work environment. Faragher v. City of Boca Raton CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. The case dealt with sexual harassment in the workplace, which is not mentioned in the Civil Rights Act. all of these: nominated by the president, confirmed by the U.S. Senate, and appointed for an indefinite period providing they maintain "good behavior.". The definition of “correct” is also vague, but you may even want to consider firing or removing the offender employee to address the issue. Learn vocabulary, terms, and more with flashcards, games, and other study tools. About ________ percent of the cases heard by federal appeals courts are later reviewed by the Supreme Court. Beth Ann FARAGHER, Nancy Ewanchew, Plaintiffs-Appellants-Cross-Appellees, v. CITY OF BOCA RATON, a political subdivision of the State of Florida, Defendant-Appellee-Cross-Appellant, Bill Terry, David Silverman, Defendants-Appellees. This was one of the topics not covered under the Civil Rights Act, so it required the High Court t… KennedyGrace50 KennedyGrace50 12/02/2017 History High School +5 pts. are strongly influenced by their political beliefs. The Faragher decision dealt with workplace sexual harassment. Over the last fifteen or so years, the Supreme Court can BEST be said to be practicing judicial, The discretionary power of judges is less than that of elected officials because judges. City of Boca Raton, 524 U.S. 775 (1998). No. That panel opinion was vacated and rehearing en banc was granted. BETH ANN FARAGHER, PETITIONER v. CITY OF BOCA RATON ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT [June 26, 1998] Justice Souter delivered the opinion of the Court. The Supreme Court grants certiorari to fewer than ________ cases each year. senators are consulted on the nomination of lower-court federal judgeships in their state. 97-282. The decisions today in both the Burlington Industries case and the lifeguard's lawsuit, Faragher v. City of Boca Raton, No. View an educator-verified, detailed solution for Chapter 41, Problem 03 in Mann’s Essentials of Business Law and the Legal Environment (13th Edition). Faragher v. City of Boca Raton, 76 F.3d 1155 (11th Cir. 2275 (June 26, 1998). 2342 (2004), and extended the affirmative defense originally outlined in Burlington Indus., Inc. v. Ellerth and Faragher v.City of Boca Raton to constructive discharge cases. Famgher, 76 F.3d at 1161 (11th Cir. Studies by political scientists show that Supreme Court justices. on writ of certiorari to the united states court of appeals for the eleventh circuit [June 26, 1998] Justice Souter delivered the opinion of the Court. U.S. Reports: Faragher v. City of Boca Raton, 524 U.S. 775 (1998). For the reasons given in my dissenting opinion in Burlington Industries v. Along with this, employers must be proactive in responding to any allegations of sexual harassment. Supreme Court of the United States. Earlier cases had placed sexual harassment claims into two categories: quid pro quo and hostile environment. of all these factors: The facts of a case are seldom precisely the same as those of similar cases decided by the Supreme Court; federal judges may misunderstand the Court's judicial reasoning or position; and ambiguities or unaddressed issues in the Court's rulings give lower courts some flexibility in deciding cases. 97-282 . This decision effectively overturns The term "sexual harassment" is appearing more often both in the media and in common speech. Faragher v. City of Boca Raton, 83 F.3d 1346 (11th Cir. During this period, Faragher's immediate supervisors were Bill Terry, David Silverman, and Robert Gordon. Case Review: Faragher vs. City of Boca Raton Essay Case review #1: Analysis of the Supreme Court of the United States case of Faragher V . are the chief trial courts of the federal system, are the only federal courts where two sides present their case to a jury for a verdict, are the courts that, in practice, make the final decision in most federal cases, and exist in each state, Although federal district courts are theoretically bound by Supreme Court precedents, they sometimes deviate because. Faragher v. City of Boca Raton, 524 U.S. 775 (1998), 1. Earlier cases placed sexual harassment claims into two categories: quid pro quo and hostile environment. Because she asserted that her supervisors were employees of the city, Faragher sued the City of Boca Raton for nominal damages, costs, and attorney’s fees. The Faragher-Ellerth defense is primarily used to defend against claims of hostile work environment sexual harassment, but has been applied to defend against claims of hostile work environment harassment on the basis of other protected classes as well. A written Supreme Court opinion that disagrees with what the majority of the justices decided is a(n), A written Supreme Court opinion that describes what the majority of the justices decided is a(n), Compared with the decision in a Supreme Court case, the opinion is more significant because it. This case calls for identification of the circumstances under which an employer may be held liable under Title VII of the … After obtaining a favorable judgment from the U.S. District Court for the Southern District of Florida, the City of Boca Raton achieved a reversal in the Eleventh Circuit Court of Appeals. Only four to six of the forty to fifty lifeguards were female. Faragher v. City of Boca Raton, 524 U.S. 775 (1998). 19. Respondent City of Boca Raton . no. Boca Raton, post, p. 775, the following holding: An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. Faragher v. City of Boca Raton: An Analysis of the Subjective Perception Test Required by Harris v. Forklift Systems, Inc. Unfortunately, not all who use the term … The federal system. Argued March 25, 1998-Decided June 26, 1998 After resigning as a lifeguard with respondent City of Boca Raton (City), petitioner Beth Ann Faragher brought an action against the City and her immediate supervisors, Bill Terry and David Silverman, for nominal damages … 97-282. are although much greater in number, irrelevant to a president's policy agenda, are not subject to partisan consideration, have typically involved nominees who held elective office, particularly a seat in the U.S. Senate, are not subject to senate courtesy. III. The Supreme Court is MOST likely to grant ________ when the U.S. government—through the solicitor general—requests it. There are no constitutional requirements for being a federal judge. Media. The case dealt with sexual harassment in the workplace, which is not mentioned in the Civil Rights Act. With Burlington and the companion case of Faragher v. City of Boca Raton (1998), the court modified the circumstances under which employers can be responsible for sexual harassment under Title VII. declare another institution's action to be unconstitutional. nominated by the president and approved by the Senate. Now, Mr. Amlong. Burlington (1998) and its companion case of Faragher v. City of Boca Raton (1998) modified the circumstances under which employers can be responsible for sexual harassment under Title VII of the Civil Rights Act of 1964. Second, the plaintiff employee must have unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise. No. for the establishment of judicial review. CITY FAILED TO PREVENT SEXUAL HARASSMENT BY LIFEGUARD SUPERVISORS On June 26, 1998, the Supreme Court of the United States issued its opinion in the sexual harassment case of Faragher v. Boca Raton, No. 524 U.S. 775. On June 14, 2004, the United States Supreme Court issued its opinion in Pennsylvania State Police v.Suder, 124 S.Ct. FARAGHER v. CITY OF BOCA RATON. The … has discretionary jurisdiction over all cases arising in the state system, is the only one with appellate courts, is the only one based on the constitutional doctrine of the separation of powers, is the only one that has judges who are appointed to office. Compared to Supreme Court nominations, those for the lower federal courts. 97–282. GRANTED 6/25/2012 QUESTION PRESENTED: In Faragher v.City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), this Court held that under Title VII, an employer is vicariously liable for severe or pervasive workplace harassment by a supervisor of the victim. Faragher worked part-time as an ocean lifeguard for the Parks and Recreation Department for the City of Boca Raton. There are ________ federal district courts. This case calls for identification of the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964, 78 Stat. That affirmative defense looks to the reasonableness of not only the employer’s conduct, but the conduct of the plaintiff itself. must make decisions that can be justified in terms of existing provisions of the law. The court then enquired whether they were significantly aided by the agency relationship in committing the harassment, and also considered the possibility of imputing Gordon's kno… 97-282, __ U. S. __ (1998). FARAGHER v. CITY OF BOCA RATON (97-282) 111 F. 3d 1530, reversed and remanded. The Supreme Court has original jurisdiction in legal disputes involving, The power of the Supreme Court is MOST apparent in its ability to. United States Supreme Court. Faragher v. City of Boca Raton, 524 U.S. 775 (1998), was a United States Supreme Court case in which the Court identified the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964 for the acts of a supervisory employee whose sexual harassment of subordinates has created a hostile work environment amounting to employment discrimination. With regard to public opinion, the Supreme Court, attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions, An amicus curiae ("friend of the court") brief provides a court with the view held by. The appointment of federal judges is influenced MOST substantially by, When asked if he had made any mistakes as president, ________ replied, "Yes, two, and they are both sitting on the Supreme Court.". Failing to comply with applicable rulings, including Supreme Court rulings, can lead to extensive fines (or even worse). Faragher v. City of Boca Raton, 524 U.S. 775 (1998), was a United States Supreme Court case in which the Court identified the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964 for the acts of a supervisory employee whose sexual harassment of subordinates has created a hostile work environment amounting to employment discrimination. most cases arise under state law, not federal law; nearly all cases that originate in state courts are never reviewed by federal courts; and federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision. The Court of Appeals identified, and rejected, three possible grounds drawn from agency law for holding the City vicariously liable for the hostile environment created by the supervisors. Which legal doctrine holds that in nearly every instance, policy issues should be decided by elected lawmakers and not by appointed judges? certiorari to the united states court of appeals for the eleventh circuit. William R. Amlong: Mr. Chief Justice, and may it please the Court– This is an employment discrimination case in which there are two issues facing the Court. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. 2. Argued March 25, 1998-Decided June 26,1998. 21. After resigning as a lifeguard with respondent City of Boca Raton (City), petitioner Beth Ann Faragher brought an action against the City and her immediate supervisors, Bill Terry and David Silverman, for nominal damages … Faragher appealed and the City cross appealed. Faragher v. City of Boca Raton, 76 F.3d 1155 (11th Cir.1996). What are the constitutional requirements for being a federal judge? Faragher v. City of Boca Raton, 83 F.3d 1346 (11th Cir.1996). Burlington (1998) and its companion case of Faragher v. City of Boca Raton (1998) modified the circumstances under which employers can be responsible for sexual harassment under Title VII of the Civil Rights Act of 1964. After she resigned, she brought an action asserting claims under, among other statutes, Title … FARAGHER v. CITY OF BOCA RATON. Id at 1161. Faragher v. City of Boca Raton: Its Effects on Sexual Harassment Law. all these effects: Federal judges and justices serve, effectively, until they die or choose to retire; they are provided the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress; and presidents are able to influence judicial policy through their appointments long after leaving the White House. Faragher and Ewanchew also asserted pendent state law claims. both criminal cases and civil cases are tried in state courts. With regard to the lower courts, the Supreme Court's primary responsibility is. Argued March 25, 1998—Decided June 26, 1998 After resigning as a lifeguard with respondent City of Boca Raton (City), petitioner Beth Ann Faragher brought an action against the City and her immediate supervisors, Bill Terry and David Silverman, for nominal damages … a request to a lower court to submit to the Supreme Court a record of the case it has been requested to hear. Burlington Industries, Inc. v. Ellerth , 524 U.S. 742 (1998) . Beth Ann FARAGHER, Petitioner, v. CITY OF BOCA RATON. Jun 26, 1998. Earlier cases placed sexual harassment claims into two categories: quid pro quo and hostile environment. Which of the following Supreme Court justices was appointed by President Dwight Eisenhower? Decided by Rehnquist Court . 11-556 VANCE V. BALL STATE UNIVERSITY, ET AL. Syllabus ; View Case ; Petitioner Faragher . 97-282, __ U. S. __ (1998). The plaintiff in this case was a woman named Beth Ann Faragher. Faragher-Ellerth Defense Under State and City Human Rights Laws (in part) By Richard I. Greenberg and Ravindra K. Shaw May 22, 2009 In the twin cases of Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 (1998), the United States Supreme Ultimately, the Supreme Court found that the degree of hostility in Faragher’s work environment reached the actionable level. 2275 (June 26, 1998). We’ll hear argument first this morning in Number 97-282, Beth Ann Faragher v. the City of Boca Raton. FARAGHER v. CITY OF BOCA RATON CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. After she resigned, she brought an action asserting claims under, among other statutes, Title VII. That said, one of the more important elements of this case centers on the affirmative defense available to employers. Lower court United States Court of Appeals for the Eleventh Circuit . Mar 25, 1998. City of Boca Raton, 524 U.S. 775, 805 (1998) and Burlington Industries v. Ellerth, 524 U.S. 742, 745 (1998). Ellerth also introduced a two-part affirmative defense allowing employers to avoid sex discrimination liability if they follow best practices. Faragher v. City of Boca Raton, 76 F.3d 1155 (11th Cir.1996). Common Federal and Local Compliance Laws for Business. Argued March 25, 1998. Faragher and Ewanchew each sued Terry for battery (Counts IV and V) and the City for negligent retention and supervision of Terry (Counts VI and VII). The affirmative defense in Faragher requires employers to “exercise reasonable care to prevent and promptly correct any sexually harassing behavior.” While the definition of some of these terms (like “reasonable care”) is vague, the bottom line is that employers must act quickly to investigate and correct any bad behavior. Decided . The long-serving chief justice that established the principle of judicial review was, The judiciary's status as an independent branch of national government depends on judicial review, which grants the judiciary the authority to. Faragher v. City of Boca Raton: The Basics . Advocates. Critically, however, the affirmative defense is not available to companies when the supervisor’s harassment leads to tangible employment action like discharge, demotion, or undesirable reassignment. FARAGHER V. CITY OF BOCA RATON 2 Summary of Facts In 1992 Beth Ann Faragher (plaintiff) sued Bill Terry, David Silverman, and the City of Boca Raton (defendants) asserting claims of hostile environment sexual harassment Under Title VII and Florida law. Faragher v. City of Boca Raton, 864 F. Supp. A written Supreme Court opinion that, in the absence of a majority opinion, represents the reasoning of most of the justices who side with the winning party is a. is a separate view written by a justice who votes with the majority but disagrees with its reasoning. Citation 524 US 775 (1998) Argued. Of the following Supreme Court justices, which has been the MOST conservative? 97-282, were supported by the … Of the following Supreme Court justices, which has been the MOST liberal? It is important to understand the prime holdings of Faragher and how they impact your compliance efforts today. Beth Ann Faragher and Nancy Ewanchew worked as ocean lifeguards for defendant City of Boca Raton, Florida (the “City”), in the Parks and Recreation Department's Marine Safety Section. Decided June 26, 1998. This decision effectively overturns an earlier federal appeals court decsion described in the October 1996 NRPA Law Review, entitled “Former Lifeguards Claim City’s Workplace Abusive to Females.” LIFEGUARDS UNAWARE OF SEXUAL HARASSMENT POLICY In Faragher, the Supreme Court held that an employer may be held liable for … Faragher and Ewanchew each sued Terry and Silverman for sexual harassment under 42 U.S.C. Why was the Supreme Court ruling in Faragher v. City of Boca Raton, which relied on the context of the antidiscrimination provisions of the Civil Rights Act of 1964, demonstrative of the ambiguities of the law? Plaintiffs Beth Ann Faragher and Nancy Ewanchew are two females who formerly worked as ocean lifeguards in the Marine Safety Section of the Parks and Recreation Department for Defendant City of Boca Raton ("City"). That panel opinion was vacated and rehearing en banc was granted. 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