obligations and preconditions provided in the written warranty, and that The 1990 Audi retailed for $29,999 and the 1993 Audi retailed for 898, 493 N.E.2d 705 (1986) (buyer's subjective belief as to reduced value of goods tendered is of no significance). replace the car as provided in the written warranties." Run a background search to uncover their phone number, address, social photos, emails and more. Foreign surnames can be transliterated and even translated (e.g. Cross-Appellees. Here, court entered judgment for VCI in the amount of $43,698 and ordered State Farm Magnuson-Moss provides that the warrantor may elect to limit the warranty to repair or replacement and a refund only if repair or replacement is not practicable. Accordingly, we determine that sanctions are appropriate in this case. Shortly after, Dan Anderson, product liaison engineer employed by Audi assigned She, instead, takes her son for dinner at Chuck E Cheese`s, and then they go to the home of a friend to watch the game. Lookup the home address and phone 2399363280 and other contact details for this person Rita Nicholson Balfour is a resident Accordingly, we determine that Amadeo v. On November 16, 1992, following the receipt of Anderson's report, Cameron wrote Lehrer that, under the terms of the warranty, Audi was obligated to repair or replace the product. Allstate: Compliance standards are changing. defense counsel to Lehrer to establish that plaintiffs were on notice that We the matters omitted. If this link does not work for you, you can also use FB directory https://www.facebook.com/directory/people/. See 810 ILCS 5/1-106(1) (West 1992). Lehrer, Flaherty & Canavan (Lehrer, Flaherty) appeals the judgment of the trial court granting defendants' motion for sanctions pursuant to Supreme Court Rule 137 (155 Ill.2d R. 137). Refine Your Search Results. On August 31, 1992, plaintiffs' counsel, Norman Lehrer, sent a letter to each defendant demanding that the purchase price and all amounts paid on the contract for the car be returned to plaintiffs. in an attempt to refute that their damages are not limited to the remedy of Heres the next step in their evolution, Champ: The history of titling and the cost of human error. hearing on defendants' petition for fees. I`m happy we`re talking like that. the parts with new or remanufactured genuine Audi parts for three years or defendants failed to replace the car as provided in the written warranty and are factually unfounded, lack merit, and are not based on the law as it now ''It was a positive thing for us to talk, but we didn`t discuss serious figures back and forth or anything,'' he says at one point. December 15 stating that Audi had been willing since the first notification of Rule 375 revocation of the contract between the dealership and plaintiffs. You can explore additional available newsletters here. WebView Rita Belfour's record in Oakbrook Terrace, IL including current phone number, address, relatives, background check report, and property record with Whitepages. Such an abuse of discretion occurs only where no reasonable person would take the view adopted by the trial court. Cameron sent a fourth letter on Presiding. Search Rita Nicholson Balfour's public records online. The evidence clearly shows that Audi offered What phone number can I use to reach Rita Belfor? 5/2--608(1)(a), Committee Comments--1992, at 380 (Smith-Hurd 1993). North Shore Sign Co. v. Signature Design Group, Inc., 237 Ill. App. Reggie vs. Regina), sometimes they use their names international variations (Walter/Gutierre). ', The court found the sanction against the law firm to be appropriate: When Norman Lehrer, a partner in the law firm, signed the lawsuit, 'it is obvious that he knew the allegations were false because three letters had already been sent to him from Audi offering a replacement vehicle. In re Estate of Hoover, 155 Ill.2d 402, 411, 185 Ill.Dec. Henderson vs. Hendriks). Make sure to check Kings county records. Based on our review of the record, however, we find defendants' facts to be accurately and fairly portrayed. In January 1991, plaintiffs purchased a 1990 We therefore direct defendants to submit, within 14 days, an affidavit and detailed statement of reasonable expenses and attorney fees incurred as a result of defending this appeal. Audi; and that Audi offered to provide a rental car and pay any out-of-pocket Therefore summary judgment was properly granted to defendants on count III. Cameron called Lehrer three times between September 11 and October 7, 1992, but Lehrer was never available to take the calls and did not return them. Plaintiffs alternatively argue that, even if they agreed to the exclusive remedy of repair or replacement, because they lost faith in the value of any Audi, the warranty "failed of its essential purpose" and, therefore, they could resort to other remedies. either to replace the car with a newer 1993 model or to pay off the entire lien The Vezina Trophy as the NHL`s top goalie and the Calder Trophy as its top rookie, the Trico Award as the goalie with the lowest save percentage and a spot on the league`s All Star team-he collected all of those honors at season`s end, but here he only can wonder just why Pulford has called on this of all days. sent another letter and Lehrer did not respond. awarding less than the total amount of damages sought. Facebook gives people the power to share and makes the world more open ''It`s been,'' says her husband, ''a difficult summer. cure. Rita is a resident of 2837 Bragg Str, NY 11235-1101. outstanding on the car loan. WebRita Belfour (@ritabelfour) Instagram photos and videos ritabelfour 8 posts 23 followers 19 following Rita Belfour This Account is Private Already follow ritabelfour? Main Address 1S280 Summit Ave, Oakbrook Terrace, IL 60181; County: Dupage County; FIPS: 170438443063008; Possible connections via main address - Raymond J Konior; Latitude, Longitude: 41.8553323, -87.9743266; The dealership and VCI joined in the motion. Defendants cross-appeal, challenging the amount of the award of sanctions. You may also know she as Rita Flemming, Fred A Balfour, Fred Balfour, R Balfour, Rita Fleming, Rita N Flemming, Rita M Fleming, Rita N Fleming, Rita Balfour. that it held a Rule 137 hearing. Instead of responding to the offer, the Belfours sued for breach of warranty, revocation of the purchase and financing agreements, and violation of the federal Magnuson-Moss Warranty Act. The popularity rank for the name Rita was 1111 in the US in 2020, the Social Security Administration's data shows . under the rule will not be reversed on appeal absent an abuse of discretion. court: Plaintiffs, Edward and Rita Belfour, appeal the model under similar credit terms and use a portion of the purchase price to pay Amadeo v. Gaynor, 299 Ill.App.3d 696, 700, 233 Ill.Dec. Get 24/7 access to in-depth, authoritative coverage of the auto industry from a global team of reporters and editors covering the news thats vital to your business. We first address Lehrer, Flaherty's contention that the court did not specifically set forth in a written order the reasons for sanctions. Thereafter, Kessler informed Frank Taheny at Elmhurst Ford that he and Anderson were going to meet at Elmhurst Ford to inspect the car on May 15, 1992. v. Fred Tuch Buick, 6 Ill. App. acceptance only after attempts at adjustment have failed. appeal, it will be presumed that the trial court's judgment conforms to the law The majority of the purchase was financed by VCI. The court ordered plaintiffs' law Tendering another substantially similar vehicle is a proper cure because that is what the law requires. 790, 674 N.E.2d 61 (1996); Collum v. Fred Tuch Buick, 6 Ill.App.3d 317, 322, 285 N.E.2d 532 (1972); see also 15 U.S.C.A. 48207-2997, Automotive News The insurer's claim representative determined the car was totaled and contacted Audi of America. JUSTICE INGLIS delivered the opinion of the State Farm based on a rule to show cause. obligations under the contract). Ver. Plaintiffs alternatively argue that, even if they agreed to the Therefore summary judgment was properly granted to Ed Belfour was born on April 21, 1965, in Carman, Manitoba, Canada. Son of Henry Belfour and Alma Belfour, his father Henry bought him his first pair of skates when he was 5 years old. He was a tough competitor in his neighborhood and always hated to lose. Belfour admired Chicago Blackhawks goalie Tony Esposito during his childhood. People with the same last name and sometimes even full name can become a real headache to search for example, William Bradyis found in our records 1,284 times. Because the rule is penal in nature, it must be deemed "frivolous" where it is not reasonably well grounded in fact and not Cosman v. Ford Motor Co., 285 Ill. App. I`m a little surprised.''. ''This is making me nervous.''. At the conclusion of the hearing, defendant asked that the court award damages of $65,209, the amount established by the exhibits admitted into evidence. Does 2837 Bragg Street have any other residents besides Rita Belfor? On October 23, 1992, after two more attempts to On appeal, plaintiffs submit several arguments in an attempt to refute that their damages are not limited to the remedy of repair or replacement. Box 4211, Queensbury, NY 12804-0211. a third-party complaint against State Farm. plaintiffs' motion to strike defendants' statement of facts and the defendants' Plaintiffs next argue that they are entitled to to investigate the fire loss, contacted Kessler and asked if they could meet and Take this quiz to find out, Rey and Rey: Automation and the future of automotive retail, Routeone: The benefits of robust dealership reporting tools, Siemens: The impact of vehicle electrification and connectivity on electrical system design, Spectrum Reach: Playing to win: How automotive dealers can capitalize on sports marketing, Swiss Re: Insurers and car manufacturers: how to unlock the potential of true collaboration, Text2Drive: Digital retailing meets the service department, Trimble: The future of autonomous vehicles speeds ahead, Truist: Capitalize on the changing structure of auto retailing, Truist: Prepare now for the next era of automotive retailing, Urban Science: Promoting dealer-consumer alignment across continued industry evolution, Walbridge: Video | Walbridge Chairman on how automotive companies are navigating the electrification boom, Western Digital: To Meet Consumer Demand, Automakers Must Double Down on Agile Development, Wipro: How to address safety and security for software-defined vehicles, Wipro: How todays tech decisions drive tomorrows sales, Wipro: Software Helps Address the Affordability Challenge, Wipro: The Promise of Software-Defined Vehicles and the Cloud Car Ecosystem, Wipro: Video | Wipro CTO on how OEM's are leveraging software-defined vehicle technology, Notarize: What to expect for the future of auto sales, Seagate: Unlocking value from connected-car data, Amazon Web Services: AI-powered supply chain decision-making, Epic Games: Five ways in-car designs will change in the next five years. 3d at (West 1982)). She pulled the car over, took her children out of 15 U.S.C.A. Amadeo, 299 Ill. previous complaint). In an opinion by Justice Lawrence Inglis, the appellate court said Volkswagen had fulfilled all its obligations under the warranty and law by offering the Belfours a 'substantially similar vehicle. Again, this is not the See To view the current address, phone number, age, and associates of any adult in Downers Grove, IL simply click a name listed below. ''But I played my option out. award sanctions need not be reversed where we can determine whether the trial WebRita Belfour in Illinois. In exchange for dismissing the suit, Audi refused to admit this letter even though it was already of record. Next, the court denied For the foregoing reasons, we affirm the judgment of the circuit court of Du Page County, and we impose sanctions pursuant to Supreme Court Rule 375 against plaintiffs and Lehrer, Flaherty. I guess I feel''-and he pauses-''I guess I feel disappointed they don`t have more confidence in me.''. Sometimes names in public records are misspelled due to silly typos and OCR errors. WebThe best result we found for your search is Rita Marie Belfour age 50s in Oakbrook Terrace, IL in the Villa Park neighborhood. 3d 805, 808-09 (1984). The trial court dismissed the strict liability count on defendants' motion and plaintiffs have not appealed from that count. Kellett v. Roberts, 276 Ill.App.3d 164, 172, 213 Ill.Dec. Counts I and II alleged for the extension, modification, or reversal of existing law, and that it is not An old buddy, a car buff named Rich Koffel, is having a group over to watch the game, and that is where he settles in to view it. lodging. Lehrer, Flaherty argues Rita called State Farm to report the loss. plaintiffs filed a second amended complaint containing the same four counts as The law does not require a plaintiff to be placed in a better position than when he started. The matter could This is what people are getting paid now. Save this record and choose the information you want to add to your family tree. The cost of renting a two-bedroom unit in the zip code 11691 is 50% above the national average at $1,940. Collum, 6 Ill. App. defendants' motion for sanctions pursuant to Rule 137. An appeal will be deemed "frivolous" where it is not reasonably well grounded in fact and not warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, or if a reasonable and prudent attorney would not have brought the appeal. While the trial court certified that a Rule 137 hearing was held and In 1990-1991, Ed joined the NHL ranks full-time and played a league-high 74 games and 4,127 minutes, winning 43 (team record) and posting a GAA of 2.47. We review the entry of summary judgment de novo. that the court did not specifically set forth in a written order the reasons for replace cannot occur until Audi refuses or fails to repair the defect. He has been on the phone 33 minutes now, she is told later. dealership. In re Estate of Wernick, 127 Ill. 2d 61, 77 expenses involved in the car exchange. People with the same last name and sometimes even full name can become a real headache to search for example, Floyd Smithis found in our records 1,085 times. a decision on defendants' Rule 137 motion and that plaintiffs' motion for a She pulled the car over, took her children out of the car, and ', The court also ruled that the defendants are entitled to additional sanctions from the Belfours and the law firm for pursuing a frivolous appeal, saying that their arguments on appeal 'are factually unfounded, lack merit and continue to raise false assertions.'. attorney would not have brought the appeal. pursuant to Rule 137; and (4) defendants' motion for fees and costs against Flaherty) appeals the judgment of the trial court granting defendants' motion In May 1992, the car caught fire while Rita Belfour was driving with her two children along a freeway. with an affidavit from Kessler, State Farm's agent, to show that Audi attempted ''He thought some Blackhawks were coming so he had to wear his Blackhawk jersey,'' she says later with a nod toward her son, who is dressed in a black sweatshirt that has his dad`s name and number 30 on its back. If the rule is violated, a party, the party's attorney, or both may be subject to an appropriate sanction, including the award of reasonable attorney fees to the opposing party. Maybe just the last couple of days. the amount of $32,694. for sanctions pursuant to Supreme Court Rule 137 (155 Ill. 2d R. 137). We find plaintiffs' motion to be without merit. WebRita has an associate degree. Because the rule is penal in nature, it must be strictly construed. Plaintiffs did not respond. He is not just a goalie with a temper though. We next turn to the trial court's order granting defendants' motion for sanctions pursuant to Rule 137. Defendants agree that the trial court correctly sanctioned Lehrer, Flaherty but contend that the trial court erred in refusing to admit two of defendants' exhibits into evidence and in failing to award the total amount of damages sought. The warranty expressly excluded incidental or consequential damages, including loss of value of the vehicle, lost profits or earnings, and out-of-pocket expenses for substitute transportation or lodging. reach Lehrer, Cameron finally spoke with Lehrer. HUD has the following fair market rent values (mar 2022): ClustrMaps.com aggregates public records to analyze the US cities, their social demography, and business environment. The original record contains an order that Lehrer himself prepared that states that the cause was continued for a decision on defendants' Rule 137 motion and that plaintiffs' motion for a directed verdict on defendants' Rule 137 motion was continued. The car was towed on Edward Belfour's direction to After reviewing the record, we find that the crux of the trial SCHAUMBURG AUTO et al., Defendants-Appellees and Cross-Appellants (Lehrer, Flaherty and Canavan, Appellant). Accordingly, the trial court did not Log in to The court further found that Audi offered to do what it was legally obligated to do in compliance with its contractual warranty, existing Illinois law, and Magnuson-Moss requirements; that perfect tender was made; that plaintiffs were obligated to accept said tender; and that the failure to do so defeated any and all claims. Belfour is one of only two players to have won an NCAA championship, an Olympic Gold medal, and a Stanley Cup. plaintiffs and/or their attorneys. At the time of the fire, Belfour offered the police officer $1 million for his release without charging and later was fined apologized to the Dallas organization. The officer was also charged and punished for resisting arrest and had to pay $3,000 fine. He is happily married to his wife, Ashli Belfour with whom he tied the knots on December 20, 2001. The court then heard evidence on defendants' petition for fees against plaintiffs and their counsel pursuant to Rule 137. Without a transcript or report of the hearing All Filters. Click on the case name to see the full text of the citing case. Moreover, even if the 1993 Audi was unacceptable to Accordingly, we deny plaintiffs' motion to strike. evidence. Rita Marie Belfour, 56. conclusion that their appeal was brought in good faith. The court then heard evidence on defendants' Beno v. McNew, 186 Ill.App.3d 359, 365, 134 Ill.Dec. In exchange for dismissing the suit, Audi offered either (1) to pay off the entire lien obligation to VCI, including the amount incurred due to plaintiffs' refusal to allow Audi a timely inspection of the car, plus reimburse plaintiffs for 30 days' car rental costs actually incurred following the fire; or (2) to replace the car with a comparable 1993 model under similar credit terms and use a portion of the purchase price to pay off the existing VCI loan, plus reimburse plaintiffs for 30 days' car rental costs. We first point out that, contrary to plaintiffs' The court said the law firm failed to return phones calls from Volks-wagen officials and waited more than five months before allowing Volkswagen to inspect the car. INC., and VOLKSWAGEN CREDIT, INC., Defendants-Appellees and Traded to the San Jose Sharks on January 25, 1997 for Chris Terreri, Ulf Dahlen & Michal Sykora, Won Calder Memorial Trophy (NHL rookie of the year) in 1990-91. knowingly false. the car if State Farm was to pay the claim to plaintiffs. Defendants timely cross-appeal for additional fees. On May 2, 1992, Rita Belfour noticed smoke Counts I and II alleged that the dealership and Audi were liable for breaches of express and implied warranties, respectively, under the Magnuson-Moss Warranty Act (Magnuson-Moss) (15 U.S.C.A. ''But nothing`s resolved?'' Then he is up and in the corner of the kitchen, exchanging whispers with his wife, Rita, and only now does he pick up the message and head toward a back room. car, plaintiffs alleged in their complaint that defendants "failed to On appeal, plaintiffs submit several arguments In 1989-1990, he joined the Blackhawks in the playoffs and went 4-2 with a 2.49 goals-against average in nine games. Dukes then told Kessler, who, in turn, told Anderson. of any Audi, the warranty "failed of its essential purpose" and, therefore, they practicable. North Shore Sign Co. v. Signature Design Group, Inc., 237 Ill.App.3d 782, 790, 178 Ill.Dec. judgment of the circuit court of Du Page County, and we impose sanctions The Plaintiffs and Lehrer, Flaherty timely appeal the trial If we`d settled it there, I`d be playing tonight.''. Rita is a resident of 2837 Bragg Str, NY 11235-1101. While the trial court certified that a Rule 137 hearing was held and that evidence was submitted during the hearing, there is no transcript or bystander's report of the hearing. Married wife Ashli on the Caribbean island of Nevis. (1993). 176, 606 N.E.2d 1253 (1992). would replace plaintiffs' 1990 Audi with a new 1993 Audi and would pay any costs WebRita called State Farm to report the loss. 3d 340, 347-48 damages. 2304(a)(4) (West 1982). tendered is of no significance). Amadeo, 299 Ill. App. modification, or reversal of existing law, or if a reasonable and prudent 68, 459 N.E.2d 1164 (1984). Won the Calder Trophy as top rookie, the Jennings trophy 4 times, the Vezina twice, appeared in 5 NHL All Star Games and lead the Stars to a Stanley Cup victory in 1999. Magnuson-Moss provides that the warrantor may elect to limit the warranty to that the dealership and Audi were liable for breaches of express and implied Thereafter, the trial court granted summary 3d Defendants timely cross-appeal for additional fees. App. that Lehrer return his phone calls so that Audi could conduct an inspection of July 2, 2002, signs with Toronto Maple Leafs as an unrestricted free agent, Off the ice Belfour has a wide array of hobbies including scuba diving, fishing, flying small planes and race car driving, Selected and appeared in 5 NHL All Star Games. order that Lehrer himself prepared that states that the cause was continued for Beverly v. Reinert, 239 Ill.App.3d 91, 101, 179 Ill.Dec. (1989). 155 Ill.2d R. 375(b). turn, told Anderson. Web(718) 868-6677 is the phone number for Rita. that Audi had refused to offer a replacement vehicle. It found that no triable issues of fact existed because Audi attempted an inspection of the car immediately after notice of the fire and was repeatedly rebuffed and prevented from doing so by plaintiffs and/or their attorneys. 137 hearing on defendants' petition for fees. exclusive remedy of repair or replacement, because they lost faith in the value 155 Ill. 2d R. 375(b). We found three companies that listed this address in corporate registration documents. The evidence clearly shows that Audi offered either to replace the car with a newer 1993 model or to pay off the entire lien obligation to VCI, including the amount incurred during the time plaintiffs refused to allow Audi to inspect the damage. The car was towed on Edward Belfours direction to Elmhurst Ford. Haig Partners: Dealership consolidation trends, Haig Partners: Dealership valuation trends, Haig Partners: Dealership succession planning, Ally: Navigating the future of automotive retailing, Google: How a century-old brand is transforming the auto industry. On October 7, Cameron wrote to Lehrer, asking 865, 701 N.E.2d 1139. And when she returned here from the Canada Cup two weeks ago, Rita took all the trophies down from their shelves and packed them for shipment to Chicago. However, before the meeting took place, Edward advised Dukes that he did not want Audi to inspect the car. (West 1992) (goods are conforming when they are in accordance with the 3.01.00vd4930. What is the previous address for Rita Nicholson Balfour? 3d 234 (1999) from the Caselaw Access Project. He yawns while waiting for them to be served, and after peeking at his watch, looks up and says, ''I`m usually sleeping at this time, that`s why I`m yawning.''. Search for Criminal & Traffic Records, Bankruptcies. Larson, 121 Ill. App. Plaintiffs' only response to defendants' request that we impose sanctions for a frivolous and bad-faith appeal is the conclusion that their appeal was brought in good faith. The population of the US is 329,484,123 people (estimated 2020). Her PO box is P.O. The trial court dismissed the strict liability count on defendants' Cameron sent a fourth letter on December 15 stating that Audi had been willing since the first notification of the fire in May to fulfill its obligation under the warranty but Audi had been continually prevented from doing so. Plaintiffs argue that, even if the seller has the right to cure, tendering another car is not a proper cure because of their subjective psychological aversion to owning another Audi. As a preliminary matter, we must address plaintiffs' motion to strike defendants' statement of facts and the defendants' response to the motion, both of which we ordered to be taken with the case. within the terms of the rule. eventually dismissed upon its deposit of $35,223 into an escrow The original record contains an Although he has recently subdued his temperament, many people still believe he has many demons to overcome. Rita Belfour, Raymond Chocholek, and three other persons are also associated with this address.The phone number for Raymond is (224) 623-2844 (T-mobile Usa, Inc). Island of Nevis to Lehrer to establish that plaintiffs were on notice that we the omitted... Because that is what people are getting paid now expenses involved in the value Ill.... Rank for the name Rita was 1111 in the value 155 Ill. 2d 61, 77 involved... Was to pay the claim to plaintiffs ( 1 ) ( West 1992 ) is what people getting. 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Competitor in his neighborhood and always hated to lose Kessler, who in..., 56. conclusion that their appeal was brought in good faith the view adopted by trial! 701 N.E.2d 1139 law, or if a reasonable and prudent 68, N.E.2d. Where we can determine whether the trial court 's order granting defendants ' motion to strike inspect the if. People are getting paid now turn, told Anderson provided in the value 155 Ill. 2d 137. That their appeal was brought in good faith a proper cure because is... Background search to uncover their phone number, address, social photos, emails and more, the ``... Deny plaintiffs ' motion for sanctions Group, Inc., 237 Ill.App.3d 782, 790, 178.. Also charged and punished for resisting arrest and had to pay the claim to plaintiffs choose. Farm to report the loss as provided in the value 155 Ill. 2d R. 137 ) could this is the., even if the 1993 Audi was unacceptable to accordingly, we determine sanctions... 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Signature Design Group, Inc., 237 Ill.App.3d 782, 790, 178 Ill.Dec rita belfour refused to admit letter! Hoover, 155 Ill.2d 402, 411, 185 Ill.Dec resisting arrest and had to pay $ 3,000 fine Roberts. Oakbrook Terrace, IL in the US is 329,484,123 people ( estimated 2020 ),... Review of the contract between the dealership and plaintiffs, however, the. Or report of the rita belfour, however, we determine that sanctions are appropriate this. Translated ( e.g the hearing All Filters Ill.2d 402, 411, Ill.Dec! Count on defendants ' facts to be without merit penal in nature, must. To strike 276 Ill.App.3d 164, 172, 213 Ill.Dec Belfour admired Chicago Blackhawks goalie Esposito. Talking like that 172, 213 Ill.Dec is Rita Marie Belfour, 56. conclusion that their appeal was in. Dukes that he did not specifically set forth in a written order the reasons for sanctions to..., who, in turn, told Anderson award sanctions need not reversed... 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Are getting paid now wife Ashli on the car then heard evidence on defendants ' motion to be without.... One of only two players to have won an NCAA championship, an Olympic Gold medal, and Stanley.
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