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InfoTelesys Lawsuit: I. CLAIMS UPON WHICH RELIEF CAN BE GRANTED / CONSTITUTIONAL RIGHTS VIOLATED

Claims 21 - 29 Treason & Misprision of Felony

Twenty First Claim For Relief    Treason – James Ware

PLAINTIFFS:

All PLAINTIFFS

DEFENDANT: 

JAMES WARE, James Ware

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On multiple occasions, including on or about March 19, 2007; April 9, 2007; April 25, 2007, May 7, 2007 and June 4, 2007, in the above named Judicial District, the crime of TREASON, in violation of 18 U.S.C. SECTION 1, a felony, was committed by JAMES WARE, who did willfully and unlawfully commit TREASON.  JAMES WARE having knowledge of the law and the fact that PLAINTIFFS in U.S. District Court San Jose case number C07 00391 had filed said case under the 11th Amendment in which said case was filed not only against JAMES WARE’s employer but also his colleagues and that said case was filed by citizens of another State across state borders against the State and thus in accordance with not only due process, but also in accordance with the 11th Amendment of the United States Constitution JAMES WARE had no Judicial power in said case and JAMES WARE thus exceeded subject matter jurisdiction by making rulings in a case in which Judicial power was clearly prohibited JAMES WARE acted under color of state or territorial law.

U.S. Constitution, Eleventh Amendment: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”  

JAMES WARE did Breach his Duty and exceeded subject matter jurisdiction in violation of 18 U.S.C. Section 1.  “Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason.” U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 .Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821)

Let the JURY NOTE: JAMES WARE proceeded to not only assume jurisdiction when he had none, he went on to ignore extremely serious felonies committed against PLAINTIFFS including false arrest, assault, attempted murder, kidnap and JAMES WARE allowed the continued kidnap of RCB and WFB.  The above listed DEFENDANT did then without subject matter jurisdiction issue a void order dismissing the above mentioned Federal suit against his employer and colleagues.  JAMES WARE’s actions were willful and malicious. 

Let the JURY also NOTE: In a case heard before PLAINTIFFS case on or about April 9, 2007 in which JAMES WARE had subject matter jurisdiction, JAMES WARE in that case claimed he had no subject matter jurisdiction and dismissed that case.  That case was brought against the Nuclear Regulatory body by a real party of interest in an attempt to prevent the further use of Nuclear Waist or Depleted Uranium in weapons by the U.S. military.  Let the Jury note that largely as a consequence of the U.S. military’s use of Depleted Uranium in weapons, as many as one point two MILLION U.S. Gulf War Veterans are disabled and birth defects in Iraq are up 600%.   The United States falsely accused Iraq of possessing Weapons of Mass Destruction then illegally invaded that nation using Weapons of Mass Destruction against that Nation, its people and also exposing or own soldiers to the Weapons of Mass Destruction the U.S. used and continues to use.  JAMES WARE who was given an opportunity to halt the use of these horrific Weapons of Mass Destruction that are harming millions of people around the world, including our own troops and civilians, chose to dismiss that case.

See JAMES WARE’S orders dated October 3, 2006, September 12, 2006 and September 13, 2006 in UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case Number C07 00391.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

As a consequence of the willful and malicious actions of the above listed DEFENDANT/S, PLAINTIFF’S have sustained extraordinary damage in a sum certain amount of $3,001,000.00.

AUTHORITIES

Extensive AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference.

Twenty Second Claim For Relief                 Misprision Of Felony – James Ware

PLAINTIFFS:

All PLAINTIFFS

DEFENDANT: 

JAMES WARE, James Ware

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On or about January 18, 2007; January 25, 2007; February 26, 2007; March 19, 2007; April 9, 2007, April 25, 2007; May 7, 2007 and June 4, 2007, in the above named Judicial District, the crime of MISPRISION OF FELONY, in violation of 18 U.S.C. SECTION 4, a felony, was committed by JAMES WARE, who did willfully and unlawfully commit MISPRISION OF FELONY, JAMES WARE having knowledge and evidence of the commission multiple felonies cognizable by a court of the United States committed against Plaintiffs, said JAMES WARE did conceal and did not make as soon as possible known the same to some judge of other person in civil or military authority under the United States, JAMES WARE did Breach his Duty and acted under color of state or territorial law.  Said multiple felonies committed against Plaintiffs being most grievous having been clearly stated and identified in pleadings before JAMES WARE, said felonies including but not limited to false arrest, assault, attempted murder, kidnap and treason.

Substantial information having been placed before JAMES WARE showing said felonies having been committed in U.S. District Court San Jose case number C07 00391.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

As a consequence of the willful and malicious actions of the above listed DEFENDANT/S, PLAINTIFF’S have sustained extraordinary damage in a sum certain amount of $3,001,000.00.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference.

Twenty Third Claim For Relief                      Misprision Of Felony – Attorney General & Santa Cruz County Sheriffs, Counsel & Santa Cruz County Board of Supervisors

PLAINTIFFS:

All PLAINTIFFS

DEFENDANTS: 

BILL LOCKYER, Bill Lockyer (Former California State Attorney General)

PAUL T HAMMERNESS, Paul T Hammerness (Deputy Attorney General)

TROY B. OVERTON, Troy B. Overton (Deputy Attorney General)

SAMUEL S. STEVENS, Samuel S. Stevens

MICHAEL E. BARTON, Michael E. Barton

ART DANNER, Art Danner (Deceased)

ROBERT B. ATACK, Robert B. Atack

JON N. ANTON, Jon N. Anton

JASON M. HEATH, Jason M. Heath (Assistant County Counsel, Santa Cruz)

DANA MCRAE, Dana McRae (County Counsel, Santa Cruz)

MARK TRACY, Mark Tracy (Former Sheriff)

MICHAEL MACDONALD, Michael Macdonald (Deputy Sheriff)

M POOL, M Pool (Deputy Sheriff)

HEMMINGWAY, Hemmingway (deceased)

AMY CHRISTY, Amy Christy

BROZOZOWSKI, Brozozowski

M. MCCONNELL/M. McConnell

BOB LEE, Bob Lee (Santa Cruz District Attorney)

STEVE DROTTAR, Steve Drottar

ANGELA GLASS, Angela Glass

RAVEN HARRIS, Raven Harris,

TROY B. OVERTON/Troy B. Overton

BARRY BASKIN/Barry Baskin

Santa Cruz Board of Directors

ELLEN PIRIE/Ellen Pirie

JAN BEAUTZ/Jan Beautz

MARK W. STONE/Mark W. Stone

NEAL COONERTY/Neal Coonerty

TONY CAMPOS/Tony Campos

M. M. SCHROEDER/M. M. Schroeder

John Does 1 to n.

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On multiple dates starting on or about March 10, 2003 to present, in the above named Judicial District, the crime of MISPRISION OF FELONY, in violation of 18 U.S.C. SECTION 4, a felony, was committed by DEFENDANTS, who did willfully and unlawfully commit MISPRISION OF FELONY, DEFENDANTS having knowledge and evidence of the commission multiple felonies cognizable by a court of the United States committed against Plaintiffs, said DEFENDANTS did conceal and did not make as soon as possible known the same to some judge of other person in civil or military authority under the United States, DEFENDANTS did Breach their Duty and acted under color of state or territorial law.  Said multiple felonies committed against Plaintiffs being most grievous having been clearly stated and identified in pleadings before DEFENDANTS, said felonies including but not limited to false arrest, assault, attempted murder, kidnap and treason.

Substantial information having been placed before DEFENDANTS showing said felonies having been committed by DEFENDANTS in multiple court cases.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:

Twenty Fourth Claim For Relief                  Misprision Of Felony – Phyllis J. Hamilton

PLAINTIFFS:

All PLAINTIFFS

DEFENDANTS: 

PHYLLIS J. HAMILTON, Phyllis J. Hamilton

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On or about July 5, 2005, May 6, 2005, August 10, 2005, September 13, 2005 and December 5 , 2005 in the above named Judicial District, the crime of MISPRISION OF FELONY, in violation of 18 U.S.C. SECTION 4, a felony, was committed by PHYLLIS J. HAMILTON, who did willfully and unlawfully commit MISPRISION OF FELONY, PHYLLIS J. HAMILTON having knowledge and evidence of the commission multiple felonies cognizable by a court of the United States committed against Plaintiffs, said PHYLLIS J. HAMILTON did conceal and did not make as soon as possible known the same to some judge of other person in civil or military authority under the United States, PHYLLIS J. HAMILTON did Breach her Duty and acted under color of state or territorial law.  Said multiple felonies committed against Plaintiffs being most grievous having been clearly stated and identified in pleadings before PHYLLIS J. HAMILTON, said felonies including but not limited to attempted murder, kidnap and treason.

Substantial information having been placed before PHYLLIS J. HAMILTON showing said felonies having been committed by DEFENDANTS in U.S. District Court San Jose case number C0500995 - PJH.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:

Twenty Fifth Claim For Relief  Misprision Of Felony – Troy B. Overton

PLAINTIFFS:

All PLAINTIFFS

DEFENDANTS: 

TROY B OVERTON, Troy B Overton

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On or about August 8, 2006 and on other dates in the above named Judicial District, the crime of MISPRISION OF FELONY, in violation of 18 U.S.C. SECTION 4, a felony, was committed by TROY B. OVERTON, who did willfully and unlawfully commit MISPRISION OF FELONY, TROY B. OVERTON having knowledge and evidence of the commission multiple felonies cognizable by a court of the United States committed against Plaintiffs, said TROY B. OVERTON did conceal and did not make as soon as possible known the same to some judge of other person in civil or military authority under the United States, TROY B. OVERTON did Breach her Duty and acted under color of state or territorial law.  Said multiple felonies committed against Plaintiffs being most grievous having been clearly stated and identified in pleadings before TROY B. OVERTON, said felonies including but not limited to attempted murder, kidnap and treason.

Substantial information having been placed before TROY B. OVERTON showing said felonies having been committed by DEFENDANTS in U.S. District Court San Jose case number C0500996.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:

Sixth Claim For Relief                         Misprision Of Felony – M. M. Schroeder

PLAINTIFFS:

All PLAINTIFFS

DEFENDANTS: 

M. M. SCHROEDER, M. M. Schroeder

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On of about February 8, 2007 in United States Court of Appeals for the Ninth District case number 06-89076 in the above named Judicial District, the crime of MISPRISION OF FELONY, in violation of 18 U.S.C. SECTION 4, a felony, was committed by M. M. SCHROEDER (Chief Judge), who did willfully and unlawfully commit MISPRISION OF FELONY, M. M. SCHROEDER having knowledge and evidence of the commission multiple felonies cognizable by a court of the United States committed against Plaintiffs, said M. M. SCHROEDER did conceal and did not make as soon as possible known the same to some judge of other person in civil or military authority under the United States, M. M. SCHROEDER did Breach her Duty and acted under color of state or territorial law.  Said multiple felonies committed against Plaintiffs being most grievous having been clearly stated and identified in pleadings before M. M. SCHROEDER, said felonies including but not limited to attempted murder, kidnap and treason.

Substantial information having been placed before M. M. SCHROEDER showing said felonies having been committed by DEFENDANTS in U.S. District Court San Jose case number C0500996.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:

Twenty Seventh Claim For Relief              Misprision Of Felony – TRILLA E. BAHRKE

PLAINTIFFS:

All PLAINTIFFS

DEFENDANTS: 

TRILLA E. BAHRKE, Trilla E. Bahrke

CHRISTOPHER M. CATTRAN, Christopher M. Cattran

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On multiple occasions including on or about September 3, 2003, September 3, 2003 and in the Judicial District of Placer County California, the crime of MISPRISION OF FELONY, in violation of 18 U.S.C. SECTION 4, a felony, was committed by TRILLA E. BAHRKE and CHRISTOPHER M. CATTRAN, who did willfully and unlawfully commit MISPRISION OF FELONY, TRILLA E. BAHRKE and CHRISTOPHER M. CATTRAN having knowledge and evidence of the commission multiple felonies cognizable by a court of the United States committed against Plaintiffs, said TRILLA E. BAHRKE and CHRISTOPHER M. CATTRAN did conceal and did not make as soon as possible known the same to some judge of other person in civil or military authority under the United States, TRILLA E. BAHRKE and CHRISTOPHER M. CATTRAN did Breach their Duty and acted under color of state or territorial law.  Said multiple felonies committed against Plaintiffs being most grievous having been clearly stated and identified in pleadings before TRILLA E. BAHRKE and CHRISTOPHER M. CATTRAN, said felonies including but not limited to attempted murder, kidnap and treason.

Substantial information having been placed before TRILLA E. BAHRKE and CHRISTOPHER M. CATTRAN showing said felonies having been committed by DEFENDANTS in SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER Case No. 72-002045

TRILLA E. BAHRKE and CHRISTOPHER M. CATTRAN not only intentionally ignored and concealed serious felonies that were committed against PETITIONERS, TRILLA E. BAHRKE  and CHRISTOPHER M. CATTRAN jointly actively engaged in maliciously prosecuting PETITIONERS under the color of law.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:

Twenty Eighth Claim For Relief                  Misprision Of Felony, Alienation of Parental, Kidnap – William Kelsay

PLAINTIFFS:

All PLAINTIFFS

DEFENDANTS: 

WILLIAM M. KELSAY, William M. Kelsay

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

HRG ON OSC RE REQUEST TO TAKE CHILDREN TO FAMILY REUNION FILED BY CLIVE BOUSTRED

04/14/2006

 

PETITIONERS REQUEST TO TAKE THE MINORS TO PENNSYLVANIA FOR A FAMILY REUNION IS DENIED.

 

On or about April 14, 2006, in the above named Judicial District, the crime of MISPRISION OF FELONY, in violation of 18 U.S.C. SECTION 4, a felony, was committed by WILLIAM M. KELSAY, who did willfully and unlawfully commit MISPRISION OF FELONY, WILLIAM M. KELSAY having knowledge and evidence of the commission multiple felonies cognizable by a court of the United States committed against Plaintiffs, said WILLIAM M. KELSAY did conceal and did not make as soon as possible known the same to some judge of other person in civil or military authority under the United States, WILLIAM M. KELSAY did Breach his Duty and acted under color of state or territorial law.  Said multiple felonies committed against Plaintiffs being most grievous having been clearly stated and identified in pleading before DEFENDANT, said felonies including but not limited to attempted murder, kidnap and treason.

Substantial information having been placed before DEFENDANT showing said felonies having been committed by DEFENDANTS in U.S. District Court San Jose case number C05 00996 JF RS.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:

Twenty Ninth Claim For Relief                       Misprision Of Felony – Jeff Almquist

PLAINTIFFS:

All PLAINTIFFS

DEFENDANTS: 

JEFF ALMQUIST, Jeff Almquist

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On or about July 4, 2007, in Santa Cruz Superior Court PETITIONER Clive Boustred filed “MOTION TO OBTAIN COPIES OF GOVERNMENT EXHIBITS” for the purpose of prosecuting felonies committed against Clive Boustred, and “ORDERS TO SHOW CAUSE” and “MOTIONS TO DISMISS CASE.” in Santa Cruz Superior Court Case F 06858, in the above named Judicial District, the hearings were brought before Judge JEFF ALMQUIST who did under the color of law commit the crime of MISPRISION OF FELONY, in violation of 18 U.S.C. SECTION 4, a felony.  JEFF ALMQUIST, who did willfully and unlawfully under the color of law commit MISPRISION OF FELONY, JEFF ALMQUIST having knowledge and evidence of the commission multiple felonies cognizable by a court of the United States committed against Plaintiffs, said JEFF ALMQUIST did conceal and did not make as soon as possible known the same to some judge of other person in civil or military authority under the United States, JEFF ALMQUIST did Breach his Duty and acted under color of state or territorial law and did conceal said felonies.  JEFF ALMQUIST not only committed MISPRISION OF FELONY he actively refused to dismiss a clearly fraudulent and malicious case when clear and convincing evidence of said fraud was put before him.  Said multiple felonies committed against Plaintiffs being most grievous, including but not limited to attempted murder, kidnap and treason.  JEFF ALMQUIST not only breached his duty un 18 U.S.C. Section 4, he refused to allow PLAINTIFF the right to obtain copies of government exhibits used in a sham trial against PLAINTIFF so that PLAINTIFF could prosecute the Deputy Sheriff who had attempted to murder PLAINTIFF Clive Boustred and who nearly murdered PLAINTIFFS RCB and WFB.

Substantial information having been placed before JEFF ALMQUIST showing said felonies having been committed by DEFENDANTS in Santa Cruz Superior Court Case F 06858.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:.

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