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Orr & Reno sponsor of NH Women’s Policy Institute report 

Orr & Reno was pleased to be among the sponsors of the Corporate Governance Project recently completed by the NH Women’s Policy Institute. The research findings from the project were released in late January in the report titled, “Breaking Through the Granite Ceiling in Corporate New Hampshire.” Click Here.

The NH Women’s Policy Institute is a non-partisan, non-profit research organization dedicated to informing policies and decision-making related to women in New Hampshire. The Institute was founded in 2002 on a belief that credible, unbiased data on issues affecting women can inform meaningful policy change, enable the public and private sectors to work together more effectively, and advance the well-being of women in this state.

 
Orr & Reno client receives approval to construct rehabilitation hospital 

The New Hampshire Health Services Planning and Review Board (CON Board), on January 17, 2008, unanimously approved plans by Orr & Reno client Northeast Rehabilitation Hospital to build a 33 bed inpatient rehabilitation hospital at the Pease International Tradeport in Portsmouth, N.H. Attorneys John Malmberg and Jessica Storey represented Northeast Rehabilitation Hospital, which currently operates inpatient rehabilitation facilities in Salem and Nashua, as well as a network of outpatient rehabilitation centers in both New Hampshire and Massachusetts. The facility is expected to be in operation in 2010.

 
Management Committee Appointments for 2008 

Reelected to the firm’s Management Committee were John Malmberg as president and Steve Winer as secretary. Lisa Snow Wade joins the committee as Treasurer. George Roussos has been elected Chairman of the Board.

 
Firm Names Three New Directors 

Attorneys Susan S. Geiger, James F. Laboe and Connie Boyles Lane were elected shareholders and directors of the firm beginning January 2008.

 
John Malmberg Re-Elected President of Second Start 

John Malmberg was recently re-elected president of the board of directors of Second Start. Based in Concord, since 1971, Second Start, a private non-profit educational organization, has offered a wide variety of programs designed to improve the economic and educational well-being of New Hampshire residents. Programs offered throughout Merrimack County and all of NH include: adult basic education, job training and career counseling, education and training for at-risk youth and child care services.

 
Firm welcomes Courtney Curran Vore to family law practice 

Orr & Reno is pleased to welcome Courtney Curran Vore to the firm as a member of the family law practice group. Courtney has extensive experience handling domestic relations issues. Most recently she worked with McGrath & Kane, a domestic relations law firm in Boston. She has participated in numerous trials, involving complex financial issues, large and small business interests, multi-million dollar estates and various complicated financial scenarios.

 
Denis Parker has joined the firm as a lobbyist with the government relations practice group 

Orr & Reno is pleased to announce that Denis Parker has joined the firm as a lobbyist with the government relations practice group. Denis is a well-known lobbyist with over 30 years experience working under the Statehouse dome. As the former executive director of the 7,000 member State Employees’ Association of NH, Denis developed and implemented various legislative initiatives requiring interaction with all levels of state government.

 
Seven Attorneys Named Top in New England 

CONCORD, NH (December 31, 2007) Seven attorneys from Orr & Reno P.A. were recently selected as 2007 New England Super Lawyers. Orr & Reno is a full-service commercial law firm with a statewide presence and offices in Concord, New Hampshire.

While the annual publication selects only five percent of attorneys in the six New England states for this honor, the attorneys recognized from Orr & Reno represent 20 percent of the firm.

Noted for their work in the following practice areas were:

New England Super Lawyers adheres to a rigorous selection process to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and sophisticated consumers in the search for legal counsel.

 
Martha Van Oot Joins Bar Foundation Board 

Martha Van Oot recently joined the New Hampshire Bar Foundation as a board member. The New Hampshire Bar Foundation ranks eighth in annual grant disbursements among New Hampshire’s 430 charitable foundations. In 2007, the Bar Foundation awarded more than $1.75 million in grants to two-dozen nonprofit organizations that provide civil legal services for the disadvantaged or law-related educational programming.

 
Connie L. Rakowsky To Present Small Business Due Diligence Workshop 

Connie L. Rakowsky is collaborating with six other attorneys to present the full-day seminar, Due Diligence for the Buyer of a Small Business, on Friday, January 18, 2008. The interactive seminar will utilize case studies to examine topics such as knowing your buyer, acquisition entity issues, asset related issues, environmental matters and warranties and representation. Attorneys who infrequently represent buyers or have limited training in P&S negotiation and the due diligence process and the paralegals supporting them will benefit from the topics covered in this workshop. Details at www.nhbar.org.

 
Orr & Reno Named Leading Litigation Firm in Benchmark 

Orr & Reno was recently named a “highly recommended” litigation firm by Benchmark. The publication cited the firm’s “notable expertise in medical malpractice litigation and strong role in media and First Amendment work representing clients including The New York Times, Fortune and The Associated Press.” In addition, four attorneys were specifically noted for their work by their peers.

Ronald Snow was recognized for being tireless in his advocacy and absolutely thorough.

Martha Van Oot was called a rock solid lawyer whether she is representing clients in trial or involved in mediation.

Emily Gray Rice earned attention for her employment, media and civil rights trial and private mediation work.

Steven Winer was recognized for his intelligence, analytical ability and excellent written and oral advocacy.

 
Firm welcomes Jeremy Eggleton and Kate Winstanley 

Orr & Reno is pleased to announce that Jeremy Eggleton and Kate Winstanley have become members of the New Hampshire Bar and joined the firm. Prior to joining the firm Jeremy worked for a decade in non-profit management both overseas and in the United States. Kate was a grant review program specialist for a government contractor in Washington, D.C.

 
Ten Lawyers From Orr & Reno Named Top in State for 2008 

Ten attorneys with the law firm of Orr & Reno P.A. have been selected by their peers for inclusion in The Best Lawyers in America® 2008.

Each year, the polling firm Woodward/White performs a wide-ranging search for the nation’s top attorneys and publishes the results.

The Orr & Reno attorneys named in their respective areas of law are:

Since it’s inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

 
Orr & Reno client receives approval to construct and operate the first commercial-scale wind farm in NH 
Orr & Reno client Iberdrola Renewable Energies USA recently received approval from the New Hampshire Site Evaluation Committee to construct and operate the first commercial-scale wind farm in New Hampshire. Attorney Susan Geiger a long with Attorney’s Doug Patch and Jessica Storey represented Iberdrola, the world’s largest owner and operator of wind power facilities, in its successful effort to become the first wind-powered commercial generator of electricity in New Hampshire. Construction on the 24 megawatt project is likely to begin this fall in the town of Lempster, located in Sullivan County about 10 miles south of Newport and 20 miles north of Keene, and to be completed in the summer or fall of 2008. The new wind farm will produce more than 75 million kilowatt hours of clean, renewable electricity each year, enough to provide power for roughly 10,500 homes. No appeals of the 14 member Site Evaluation Committee’s order are likely as the only motion for rehearing, a necessary prerequisite for any appeal to the New Hampshire Supreme Court, was later withdrawn. Susan Geiger is a former New Hampshire Public Utilities Commissioner, member of the Site Evaluation Committee, and Chief of Staff with the NH Attorney General’s Office. She has an administrative law and regulatory practice at Orr & Reno where she represents clients in the energy and telecommunications areas.
 
Howard Moffett elected to the Board of Trustees 

Howard Moffett was recently elected a Trustee of the Society for the Protection of New Hampshire Forests. Founded by a handful of concerned citizens in 1901, The Forest Society is now one of the country’s most effective statewide land conservation organizations. As a non-profit membership organization, The Forest Society is dedicated to protecting the state’s most important landscapes while promoting the wise use of its renewable natural resources.

 
Connie Rakowsky Named Vice-Chair Of NH SBDC Advisory Board 

Connie Rakowsky has been named Vice-Chair of the New Hampshire Small Business Development Center (NH SBDC) an outreach program of the UNH Whittemore School of Business and Economics.

The NH Small Business Development Center (NH SBDC) provides confidential business management consulting and educational programs to New Hampshire’s small businesses. NH SBDC is a cooperative venture with the U.S. Small Business Administration, the State of New Hampshire (DRED), the University System of New Hampshire, and the private sector. For more information on NH SBDC, visit www.nhsbdc.org.

 
Peter Burger Elected President of The Concord Boys and Girls Club 

Peter Burger was recently elected President of The Concord Boys and Girls Club. Over the past sixty-three years The Concord Boys and Girls Club has provided guidance and opportunity to thousands of local children from age six through graduation.

 
Peter Burger Elected Treasurer of the Greater Concord Chamber of Commerce 

Peter Burger was recently elected Treasurer of the Greater Concord Chamber of Commerce. The Greater Concord Chamber of Commerce hosts a variety of events throughout the year. Key Committees include Local and State Government Affairs, Capital Area Student Leadership (CASL), Business Grants and Capital Region Visitor’s Council.

 
Michele L. Berardo Achieves Advanced Paralegal Certification 

Michele L. Berardo, a paralegal with the firm, has been awarded the prestigious Advanced Certified Paralegal designation by NALA, the National Association of Legal Assistants/Paralegals.

Ms. Berardo completed requirements for advanced certification in the area of Trial Practice. She is now authorized to use the “ACP” designation.

 
Connie Boyles Lane To Speak on Exempt Organizations: A Legal Guide 
Connie Lane will be a panel member speaking on Property Tax and Exempt Organizations at a National Business Institute (NBI) Continuing Education Seminar on Monday, September 27, 2007. The seminar will be held at the Holiday Inn in Concord, NH from 8:30 to 4:40 p.m. and is geared towards officers, directors and exempt organization’s accountants or attorneys. This intermediate-level seminar will provide valuable information necessary to ensure exempt organizations are properly and effectively run.

Being a former executive director of two nonprofit organizations, Connie is familiar with the myriad of issues facing both new and established nonprofit organizations. She was the founding executive director of one of New Hampshire’s three legal assistance programs, Legal Advice & Referral Center, and former director of Pro Bono Program of the New Hampshire Bar Association.

Connie focuses her legal practice at Orr & Reno in the areas of business and real estate with an emphasis on not-for-profit, small business and land use law.

 
"Impact of New Hampshire's Civil Union Law on the Workplace" 
Jill Blackmer authors an article that discusses the impact of New Hampshire's civil union law on the workplace in Business NH Magazine's Law Handbook, July, 2007. To read the full article, click on the following link:

"Impact of New Hampshire's Civil Union Law on the Workplace" as published in Business NH Magazine's New Hampshire Law Handbook, July 2007.

 
OSHA Advice for Employers  
Jim Laboe offers advice on preventing heat injuries and the liability they can cause in SafetyXChange Compliance Weekly.

To view the article, click on the following link:
www.safetyexchange.org
 
New Hampshire Law Banning Commercial Use of Prescription Information Declared Unconstitiutional 

Jim Bassett and Jeff Spear recently helped IMS Health, Inc. and Verispan, LLC enjoin 2006 N.H. Laws § 328, a New Hampshire statute - the first of its kind in the nation - which restricted the commercial use of information about physician prescribing practices. Following a week-long trial, Judge Paul Barbadoro held that the statute violated the free speech guarantees of the First Amendment. A detailed discussion of the issues involved in the case, as well as a copy of the Court's decision, can be found at IMS Health's website.

Click here for the relevant link www.imshealth.com
 
Orr & Reno Featured in Business NH Magazine 

Orr & Reno is featured in the June 2007 issue of Business NH Magzine in an article entitled "Extreme Makeover Web Edition."

Click here to see the article.

 
Supreme Court Decision in Non-Compete Agreement 

On May 3, 2007, the New Hampshire Supreme Court affirmed a decision of the Cheshire County Superior Court (Sullivan, J.) in favor of ACAS Acquisitions (Precitech), Inc., which sought to enforce a non-competition agreement against the former Vice President of Sales and Marketing of Precitech, Inc. located in Keene, New Hampshire. The Court ruled that the non-competition and non-disclosure agreements were enforceable, that the contractual severance benefits were not "wages" under RSA 275, that the employee forfeited his right to severance benefits, and that ACAS was entitled to attorneys' fees.

Marty Van Oot, Co-Chair of Orr & Reno's Litigation Department represented ACAS at trial and on appeal.

 
Orr & Reno Named 2007 Business of the Year 

The Greater Concord Chamber of Commerce announced that Orr & Reno P.A. is the recipient of the 2007 Pinnacle Award for Business of the Year. The firm was honored at the Pinnacle Luncheon on June 14, 2007.

The Business of the Year Award is given to a business with 30 or more employees that contributes to and supports the Concord Chamber and is active and well respected in the community.

The firm was selected for our support of community programs such as The Red River Theatre, Concord Community Music School, the Boys & Girls Club of Concord, New Hampshire Public Radio, the New Hampshire Humanities Council, the New Hampshire Bar Association and the Pro Bono Program in Merrimack County, among others.

We are proud to be recognized with this honor for our community involvement and support.

 
Attorney Malmberg Successful in Winning Certificates of Need 
Health Care Partner John Malmberg helped two hospitals win Certificates of Need (CONs) from the New Hampshire Health Services Planning and Review Board at the Board's April 19, 2007 meeting. The Board voted unanimously to grant a CON to Portsmouth Regional Hospital, an HCA-owned facility in Portsmouth, NH, for new construction and renovation for an approved cost of $53,027,047. Similarly, it gave unanimous approval to Monadnock Community Hospital, a non-profit Critical Access Hospital in Peterborough, NH, to spend $52,176,689 to renovate and add new space to the facility.

At the March 15, 2007 meeting of the New Hampshire Health Services Planning and Review Board, Attorney Malmberg represented two hospitals (Catholic Medical Center, Manchester, NH and Parkland Medical Center, Derry, NH) and a large physician group practice (Derry Medical Center, Derry, NH) in their joint petition for a determination that an $11 million outpatient facility being completed in Londonderry, NH by Elliot Hospital of Manchester, NH, must obtain a CON before offering services in over 60% of the building. The Board voted 8-0 to grant the petition and require Elliot Hospital to apply for a CON for the portion of the building that was proposed to be used for outpatient hospital services.

 
Recent Supreme Court Decision 
Orr & Reno Partner Steve Winer recently represented the Association of Alumni of Dartmouth College in a lawsuit entitled MacGovern v. Association of Alumni brought by an Association member challenging the Association's voting procedures. The lawsuit attempted to overturn the results of the Association's annual officer and executive committee elections. The case had been dismissed by the state superior court in August of 2006 and the member appealed. On April 18, 2007, the New Hampshire Supreme Court issued an order affirming the dismissal of the case.

 
Robert Carey Joins Litigation Group 

Orr & Reno is pleased to announce that Robert Carey has joined the firm. Prior to joining the firm's Litigation Group, Bob served as a Assistant Attorney General in the Criminal Bureau where he prosecuted white collar cases, homicides and public integrity cases. He is concentrating his practice in the areas of Commercial Litigation, White Collar Criminal Defense, Medical Malpractice, Products Liability and General Civil Litigation.

 
Recent Supreme Court decision in ElderTrust case 

Our client ElderTrust of Florida, Inc. recently won an important victory in the New Hampshire Supreme Court. ElderTrust owns and operates a skilled nursing home and an assisted living facility in Epsom, New Hampshire. The town denied ElderTrust a charitable tax exemption on both facilities and ElderTrust challenged the denial and prevailed in superior court.

The town appealed, and the Supreme Court, in a decision issued on January 18, 2007, took the occasion to enunciate a four-part test that charitable organizations must satisfy to be entitled to a tax exemption. The court ruled that ElderTrust met the test and it affirmed the superior court decision.

Jess Storey and Bill Chapman represented ElderTrust in the case.

 
Management Committee, 2007 

George Roussos, John Malmberg, and Steve Winer have been reelected to the Management Committee of the firm

 
Firm Welcomes Heidi Cole 

Orr & Reno is pleased to announce that Heidi Cole has joined the firm. Heidi worked at a Boston law firm, and also interned in the Trial Division of the Massachusetts Office of the Attorney General, prior to joining the firm.

 
Challenge to State's education law 
Bill Chapman. Marty Van Oot and Maria Proulx, representing The New Hampshire Communities for Adequate Funding of Education, a coalition of 19 school districts and towns, prevailed in their challenge to the State's education law. The NH Supreme Court held that the State has failed to define a constitutionally adequate education and must do so before June 30, 2007. If the State fails to do so the court said it might impose a remedy. For more information on this important issue, go to www.nhcafe.org
 
Chambers USA, America's Leading Business Lawyers, honors firm attorneys. 
Several attorneys have earned accolades in the 2006 edition of Chambers USA, America's Leading Business Lawyers: Jill K. Blackmer, employment law; Peter F. Burger, corporate/commercial law; William L. Chapman, commercial litigation; Emily Gray Rice, commercial and employment litigation; Ronald L. Snow, commercial litigation and medical malpractice; Martha Van Oot, commercial litigation. Chambers USA is published by Chambers & Partners. Entries are based solely on recommendations of clients and practicioners interviewed over the past year.
 
Ten attorneys at Orr & Reno were recognized in The Best Lawyers in America 2007 

The Best Lawyers in America 2007, includes listings for more than 18,000 lawyers in every major specialty of law in all fifty states and the District of Columbia. The Orr & Reno attorneys recognized include:

Peter F. BurgerCorporate Law
William L. ChapmanAppellate Law & First Amendment
Susan S. Geiger Energy Law
Howard M.MoffettHealth Care
James E. MorrisReal Estate
Douglas L. PatchEnergy Law
Emily Gray RiceLegal Malpractice
George W. RoussosGovernment Relations Law & Insurance Law
Ronald L. SnowCommercial Litigation, Medical Malpractice Law & Personal Injury litigation
Martha Van OotLegal Malpractice
 
Success for New Hampshire domestic insurers 

Attorney George Roussos and Government Relations Director Bonnie Packard on behalf of the New Hampshire Association of Domestic Insurance Companies achieved victory with the passage of House Bill 678. The bill will cut the state's two percent tax on insurance premiums to one percent over the next four years, making it the lowest in New England and the mid-Atlantic states. The reduction will save domestic insurers on the taxes they pay to New Hampshire as well as retaliatory taxes paid to other states.

 
House Bill 645 to become law 

Attorney Doug Patch representing the New Hampshire Association of Fire Chiefs lobbied successfully for the passage of "fire-safer" cigarettes legislation. The legislation, House Bill 645, goes into effect on October 1, 2007. Joined by the FIre Chiefs, Governor John Lynch signed the bill into law and said "states across the nation are beginning to switch to fire-safer cigarettes, and New Hampshire is at the forefront."

 
New Hampshire Bar honors Emily Rice with highest award 

Orr & Reno is proud to announce that Emily Rice, co-chair of the firm’s litigation practice group, received the Donald Dufresne Professionalism Award on Friday, June 23, at the New Hampshire Bar Association’s annual meeting. The Dufresne award is given to an attorney that best fits the following description: “A professional lawyer is an expert in law pursuing a learned art in service to clients and in the spirit of public service; and engaging in these pursuits as part of a common calling to promote justice and public good.”

Attorney Rice is presently a member of the mediation panels of the New Hampshire Superior Court, the United States District Court for New Hampshire, and the New Hampshire Commission for Human Rights and a member of the Judicial Branch “Committee on Alternate Dispute Resolution”

 
Ron Snow convinces NH Supreme Court to Reverse $2.3 Million Verdict in Medical Malpractice Case 

In a decision issued on April 25, 2006, the New Hampshire Supreme Court agreed with senior Orr & Reno litigator Ron Snow that the trial court should have set aside a jury’s $2.3 million verdict in a wrongful birth medical malpractice suit. The plaintiffs in the case had argued that Dartmouth Hitchcock Medical Center had failed to inform them during the prenatal period of the increased possibility that their baby would be born with serious birth defects, thus depriving them of the opportunity to consider terminating the pregnancy. But, after describing the complex ultrasound and genetic testing and counseling that was undertaken both before and after the birth, the Court agreed with Snow that at trial the evidence showed that the Medical Center had told the parents of the possibility of birth defects. The Supreme Court declined to adopt the parents’ argument that they should have been told what was wrong with their baby and advised to consider termination. Thus, the Supreme Court reversed the trial court’s decision on post trial motions and set aside the verdict.

The decision is available on the website of the New Hampshire Supreme Court here.

 
Decisive Victory from a New York Court for Orr & Reno client 
A New York Judge found in favor of an Orr & Reno manufacturing client which had signed a letter of intent to sell its business with a New York venture capital firm. The firm sued in New York claiming our client should pay $100,000 in the firm’s due diligence expenses. Although Orr & Reno had to fight this battle in New York, litigator, Jeff Spear, drafted the successful arguments and filed them in New York with the help of our Meritas affiliate in New York. The resounding victory in the lengthy opinion gives our client the comfort that we can take care of their legal needs at home and outside New England.
 
Certified Marital Mediator 
Attorney Judith Fairclough recently received certification as a marital mediator. With nearly 20 years’ experience as a family law attorney, Judy’s approach has long been resolution oriented. Mediation allows clients to avoid costly, protracted and confrontational litigation with creative resolution tailored to specific needs and reached in a cooperative and confidential setting. Judy is also a member of the New Hampshire and American Bar Association Dispute Resolution sections and is also a member of the Association of Family and Conciliation Courts.
 
Pro Bono Award 
The New Hampshire Bar Association presented Orr & Reno with the Pro Bono Referral Program’s 2006 Award for Merrimack County at the Midyear Meeting Luncheon on Thursday, February 16. This award recognizes the firm for its outstanding commitment to the Pro Bono Program and to the low-income clients it represents.
 
Member of New Judicial Branch 
Emily Rice, co-chair of the firm's litigation practice group, was selected to be a member of a new Judicial Branch Committee on Alternative Dispute Resolution Services established by the New Hampshire Supreme Court and chaired by Associate Supreme Court Justice Linda S. Dalianis. The committee will review current ADR services provided in the New Hampshire State Courts and examine how they may be enhanced and expanded. The committee also will provide critical input for the proposed Office of Alternative Dispute Resolution at the Administrative Office of the Courts.
 
New Appointment 
Susan Geiger, a member of the firm's Energy and Telecommunications and Government Relations practice area, has been appointed to the Advisory Council of the New England Energy Alliance. This new organization includes a diverse group of energy providers, businesses and trade organizations, labor and others concerned about potential energy shortages and the impact on New England's economy.

More information about NEEA can be viewed on its website at www.newenglandenergyalliance.org
 
Landmark Decision 
George Roussos and Lisa Snow Wade obtained a summary judgment for New Hampshire Life and Health Insurance Guaranty Association against the NH Motor Transport Association Employee Benefit Trust, a self-insured MEWA (multiple employer welfare arrangement). The Trust asserted that it was entitled to benefits from the Guaranty Association excess health claims that should have been covered by its insolvent stop-loss carrier. In a landmark decision, the court ruled that because the MEWA acted as an "insurer" given the group health benefits it provided to its members' employees, the stop loss coverage the Trust obtained was "reinsurance" and thus excluded from coverage under the New Hampshire's Life and Health Guaranty Association Act.
 
OSHA Advice for Employers  
Jim Laboe offers advice about how employers may challenge an OSHA citation in SafetyXChange Compliance Weekly.

To view the 3-part series, click on the following link:
Part 1  |  Part 2  |  Part 3
 
"Expert Disclosures After the Exchange of Initial Reports" 
Jeff Spear authors article that discusses what the rules and the cases say about expert disclosures--rebuttals and supplementations--that occur after the initial exchange of expert reports in New Hampshire Bar News, August 12, 2005. To read the full article, click on the following link:

"Expert Disclosures After the Exchange of Initial Reports" as published in New Hampshire Bar News, August 12, 2005.

 
Leadership Greater Concord, Class of 2006. 
Jeff Spear, a member of our Litigation and Intellectual Property & Technology practice areas, has been selected as a member of the Leadership Greater Concord, Class of 2006. Participants are chosen because of their commitment to the greater Concord community and their leadership potential. The program connects participants with key players in business, organizational, governmental and civic leaders. Jeff is excited about his selection and looking forward to strengthening his ties with these accomplished leaders and their organizations. Orr & Reno is delighted that Jeff is pursuing this terrific opportunity and continuing a firm tradition of community leadership.
 
Orr & Reno becomes first law firm in state to sponsor full Franklin Pierce Law Center Public Interest Coalition fellowship 
 
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