judge restani court of international trade

v. United States, Judge Jane A. Restani faulted Commerce for unreasonably relying on its mixed media analysis to address a fully assembled, distinct product. That scenario not only frustrates CBPs enforcement efforts, but also imposes an unreasonable burden of production on importers. Chief Judge 351.225(k)(1) sources are not dispositive, Commerce will consider the following factors: (i) the physical characteristics of the product; (ii) the expectations of the ultimate purchasers; (iii) the ultimate use of the product; (iv) the channels of trade in which the product is sold; and (v) the manner in which the product is advertised and displayed. Id. Letts Education: University of California at Berkeley, 1969, B.A. Pro Richardson v. Superintendent of Mid-Orange Correctional Facility, Procter Hug, Jr., Chief Judge, Warren J. Ferguson, Circuit Judge, and Jane A. Restani, Court of International Trade Judge, Island Silver & Spice, Inc. v. Islamorada, Before: Hall, Droney, CJJ, Restani,1 Judge, Albert Lloyd Higgins, Petitioner v. Eric H. Holder, Jr., United States Attorney General, Respondent, 11-924. Noonan Young That holding comports with the well-settled principle of administrative law that an agency, like Commerce, commits arbitrary and capricious decision-making when it entirely fail{s} to consider an important aspect of the problem. Motor Vehicle Mfrs. The second emphasizes that Commerce may not take shortcuts in its analysis and must follow the terms of its regulation. Beam Each year, the Center for International Law hosts a judge of the U.S. Court of International Trade or the U.S. Court of Appeals for the Federal Circuit to lecture on a topic that addresses the role of the federal courts play in shaping and litigating customs and trade law disputes. Hoyt Korman Barnes, Richardson & Colburn, LLP, Hon. Cox There is one notable exception to the court's jurisdiction. Judge November 3, 1983. 131, 136, This page was last edited on 12 April 2022, at 15:12. If no judge meets those qualifications, the judge holding seniority in active service who has not served as chief before shall become the chief judge. On the outside of the envelope, include the following notation: "INTERNSHIP APPLICATION. Annual financial disclosure records filed by Federal judges, magistrates and clerks of the court. Becker at 6. Sprizzo Aquilino *fn1Respondent, the Superintendent of Mid-Orange Correctional Facili, Publication Date: 2000-09-20 display: inline-block; } at 9. First, Commerce must examine the orders scope to determine whether it contains an ambiguity and, thus, is susceptible to interpretation. Id. Fagg It does not reflect how a judge may rule on specific cases or their own political preferences. Court: 2nd Cir. These opinions highlight a few of the boundaries within which Commerce must operate when it conducts a scope inquiry. Shabaz The Customs Courts Act of 1980 established the U.S. Court of International Trade in its current form, granting it jurisdiction over all trade matters and conferring its judges with life tenure.[3]. He has worked for the Register since 2006, previously covering breaking news, the city of Irvine, the Orange County Great Park, and the city of San Juan Capistrano. First, good customer service is always top priority in serving both residents and businesses. Partner Includes a variety of positions such as governor, [2], The judge's decision will allow a special election on March 16, 2010, to select the replacement to his Senate seat. KP\bFX.p!r6.Q}B'3Q+\7$T#oEB[CL%B[|K)5I&Za)PI6)%/UWW!JQ R U2zUMY-m,{im-*(Etgk,N2^MR3Vt%'C[*1`!Ej?V*X}gt`m$QlRjrLyhgLP2Af!p77JnV%xWBeoB }?ito'[gAQd4z{H:9#qP">ADNc q-humBfv YY%veU)0X76X[kVxjO"XL|_W sm%8pR[4-0Dtw'u 6uB9]F#{q5n{L at 6. Graham Gary KatzmannMiller BakerClaire R. KellyJennifer Choe GrovesTimothy ReifStephen Vaden, Jane RestaniJudith BarzilayRichard Eaton (Federal judge)Leo GordonDelissa RidgwayTimothy StanceuThomas AquilinoRichard Goldberg (Federal judge)R. Kenton Musgrave, Jane RestaniGregory Carman (United States Court of International Trade)Timothy Stanceu. Site Map, Advertise| Nov. 15, 1983, Vote Info: Nelson U.S. Court of Appeals for the Federal Circuit Daronco We invite you to use our commenting platform to engage in insightful conversations about issues in our community. Beezer Patterson Broomfield Before: Newman And Hall, C.JJ., and Restani,* J. Judge Judge: Before: Katzmann and Carney, C. Evan J. Wallach for defendant: .widget-row.value-only.black { Waters & Court: U.S. Court of Appeals, Second Circuit Click here to contact our editorial staff, and click here to report an error. Brorby Coyle Industry: Davies Before: Walker and Chin, C.JJ., and Restani, Judge. Hinojosa Applicants must submit cover letter, resume, undergraduate and law school transcripts, two letters of reference and one writing sample. Attorneys: For plaintiff: Nathaniel J. Dorfman, Assistant United States Attorney (Brenda K. Sannes, Assistant United States Attorney; Thomas Spina, Jr., Assistant United States Attorney, of counsel), for Richard S. Hartunian, United States Attorney for the Northern District of New York, Syracuse, NY, for Respondent-Appellee. Zagel, Arcara Thomas Aquilino, Judith Barzilay, Richard Eaton, Richard Goldberg, Leo Gordon, R. Kenton Musgrave, Jane Restani, Delissa Ridgway, Timothy Stanceu. Hogan U.S. Court of International Trade, w/ Hon. Most cases are heard by a single judge. Bret Weatherford, Publication Date: 2011-03-02 Chief Judge 2 0 obj Barnes, Richardson & Colburn, LLP, Hon. Pratt <>stream & Tacha Dubina Vinson No tags have been applied so far. Wingate Recess appointment; formally nominated on November 10, 1903, confirmed by the Senate on November 24, 1903, and received commission on November 25, 1903. Davis Copyright 2023 ALM Global, LLC. U.S. Court of International Trade Second, unlike with mixed media items separated from their respective sets or kits, the pole line hardware products would not retain their essential character or perform their intended functions without the subject washers. Born in San Francisco, California, Restani graduated first in her class in 1966 from Mercy High School, in San Francisco. Jane Ann Restani (born February 27, 1948 in San Francisco, California) is a Senior United States Judge of the United States Court of International Trade. Doumar Caldwell Judge: Restani, Judge Appointed By: Interns will work directly for law clerks, performing legal research and writing for international trade and circuit cases. If the scope is unambiguous, it governs. Id. Spitzer has vocally opposed several past court offers, which originate with judges as opposed to plea deals offered by prosecutors. Rodriguez Hart {-q 5SV&_ \nw9ZG?_=&.Zv/8/svij:r2fZ&:p9{s 2npp'GRZ/rMn&x]=3.u`Q&OeYJl`[6#f]C&q2!9G gRm{'s>-/ 9&>stream McLaughlin Civil Division, U.S. Department of Justice, 1973-1983; trial attorney, 1973-1976; assistant chief, Commercial Litigation Branch, 1976-1980; director, Commercial Litigation Branch, 1980-1983. RESTANI, Judge: In this case, the domestic industry and a foreign manufacturer both challenge an anti . Lawrence M. Friedman (JD 1989/LLM 2001) Bell Affiliations have been gathered from ballots, appointments, and original research. First, unlike with mixed media items (e.g., pencils, tissue paper, nails) that Commerce previously examined, the subject washers are not sold for use independent of the other component pieces. Id. for defendant: Jacqueline Jordan Leung Dated: July 7, 2022 Shuzhen Zhong, plaintiff, of Staten Island, N.Y., proceeding pro se. Cambridge She served as Chief Judge of the Court from 2003 to 2010. We reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us, and to disclose any information necessary to satisfy the law, regulation, or government request. Now, if Villalba is convicted, he faces six years in prison. Collin Mathias, Boston University School of Law width: 150px; *142 *143 Grunfeld, Desiderio, Lebowitz & Silverman, David L. Simon and Jeffrey S. Grimson, Washington, DC, for plaintiff and defendant-intervenor Chang Tieh Industry Co., Ltd. . } vertical-align: top; Rosenblatt } Standish Nordberg on Nov. 3, 1983, Judicial Committee Action Date: Edmondson Law.com International, the world's legal authority covering legal news with global insights & trends on the entire legal industry to give international lawyers the competitive edge Conway What is less known is that Commerce has committed significant resources in recent years to address products that are not clearly within the scope of existing orders. Higgins The Honorable Thomas Penfield Jackson, United States District Judge for the District of Columbia, presided at trial. Duff Wexler , Barker 12. font-size: 1.2em; Vacancies See also: Current federal judicial vacancies There are two current vacancies on the United States Court of International Trade, out of the court's nine judicial positions. Applicants having access to the On-Line System for Clerkship Application and Review (OSCAR) should file their application materials electronically. Previous lecture topics include Designating Non-Market Economies Under U.S. Trade Laws: Can There Be a Free Market Economy Where There Is No Free Marketplace of Ideas?, Trade Adjustment Assistance: The Human Face of the Court of International Trade, and Litigating Customs and Trade Disputes 30 Years after the Customs Courts Act of 1980 and the Effect of Judicial Review in the Future.. Bork Case Number: 09-3655-pr, Argued: March 11, 2010Before: JACOBS, Chief Judge, LYNCH, Circuit Judge, and RESTANI, Judge. Villalba called for his girlfriend to grab the gun, the officer said, but she apparently ignored his request. Circuit are defined by geography. Miller Chief Judge Ezra <>stream At this time, therefore, the court does not accept Wikipedia for the purposes of judicial notice.". Ryan March 1, 2015. Court: 11th Cir. Scalia By Jennifer Doherty Law360 (December 22, 2022, 9:38 PM EST) -- After two years of litigation over duties on $300 billion worth of Chinese goods, the U.S. Court of International Trade made an. Barnes, Richardson & Colburn, LLP, w/ Hon. Black Restani assumed senior status on March 1, 2015. Partner Barbour 13 0 obj [5], In 1926, Congress responded to the increasing number and complexity of customs cases by replacing the Board of General Appraisers with the United States Customs Court, an independent Article I tribunal, retaining the jurisdiction and powers of the Board of General Appraisers. See Meridian Prods., LLC v. United States, 851 F.3d 1375, 1381-82 (Fed. Mukasey After August 6, 1959, judges could not become or remain chief after turning 70 years old. for defendant: She received teaching credentials in 1970 from the University of California, Berkeley. Duhe She served as the chief judge from 2003 to 2010. Judith M. Barzilay Rosenbaum Judge The earliest predecessor of the court, the Board of General Appraisers, was formed by Congress in 1890 to review decisions by U.S. customs officials. Chief judges have administrative responsibilities with respect to the Court of International Trade, and preside over any panel on which they serve unless circuit judges are also on the panel. Judge Restani faulted Commerce for not determining whether the pole line hardware, as assembled, falls under the class or kind of merchandise contemplated in the language of the Order. Slip Op. Whipple Selya (with distinction); University of California at Davis, 1973, J.D., articles editor, Law Review, Order of Coif, Phi Kappa Phi. Federal circuit court judges are appointed for life. margin-bottom:0px; Niece of two local couples Restani receives federal judgeship More than a dozen Bay Area people will be in New York City later this month for the ceremonial induction of Jane A. Restani as a federal judge in the U.S. Court of International Trade, Restani, 35, is the niece of Andrew and Virginia Magri and Eugene and Irma Cuneo of Dry Creek Valley. We thus need not reach any of the other arguments advanced by the parties. Billings First, Judge Restani based her analysis in part upon the customs law principle that the classification of articles imported must be ascertained by an examination of the imported article itself{} in the condition in which it is imported. Id. If the president selects a new chief judge, the former chief judge may continue active service on the court for the remainder of their appointed term.[6]. RESTANI, JANE A., Senior Judge, U.S. Court of International Trade, One Federal Plaza, New York, NY 10278-0001, appointed by President Ronald Reagan on November 16, 1983. McAvoy x+ | Hutton BEFORE: FUENTES, CHAGARES, Circuit Judges, RESTANI, Judge. Ludwig width: 250px; Leisure In 1956, the U.S. Customs Court was reconstituted by Congress as an Article III tribunal, giving it the status and privileges of a federal court. Current Clerks: The court originated with the Customs Administrative Act of 1890, which established the Board of General Appraisers as a quasi-judicial entity of the U.S. Treasury Click to read more by Crowell's Jana del-Cerro, Anand [1], The court is located at One Federal Plaza in New York City at the Courthouse of the United States Court of International Trade.[1]. [3] In 1926, Congress replaced the Board with the United States Customs Court, an administrative tribunal with greater judicial functions, which in 1930 was made independent of the Treasury Department. ?N;+7NT,4U4 d1kKqv1&}y2tMb|yF{O&No>=]%nf6"q7=;'hH?I(; O_)~:/SAOe,AzPRYu>W3HO|{1xvLDXb~~7O lLt&J!Ea{X'K3#]&TnDtCv9I[ `8wMGr#R*f|##=ZBX Chief Judge Mark A. Barnett. She served as Chief Judge of the Court from 2003 to 2010. Forester During his service to the U.S. Court of International Trade, three graduates of the Law School clerked with Judge DiCarlo: Hon. Search for All Opinions Authored by Restani in CourtListener, Search for All Cases Assigned/Referred to Restani in RECAP. padding-left: 10px; Lifland The chief judge of the court is Mark A. Barnett, who was appointed by President Barack Obama (D). 17800 Castleton St Ste 263. Paul Born 1948 in San Francisco, CA. JJ., and Restani,* J. Texas Personal Automobile Insurance Policy 2020. background-color: grey; Stapleton Revercomb Wolf Nevas On October 12, Judge Restani of the Court of International Trade ("CIT") issued Slip Opinion 18-138 in the case of Tabacos de Wilson, et al v. Mnuchin et al. Coordinates: .mw-parser-output .geo-default,.mw-parser-output .geo-dms,.mw-parser-output .geo-dec{display:inline}.mw-parser-output .geo-nondefault,.mw-parser-output .geo-multi-punct{display:none}.mw-parser-output .longitude,.mw-parser-output .latitude{white-space:nowrap}404254N 74013W / 40.71500N 74.00361W / 40.71500; -74.00361, The United States Court of International Trade (case citations: Int'l Trade or Intl. Scirica The table can be sorted by clicking the column headers above the line. 351.225(k)(1)). For example, the court hears disputes such as those involving protests filed with U.S. Customs and Border Protection, decisions regarding Trade Adjustment Assistance by the United States Department of Labor or United States Department of Agriculture, customs broker licensing, and disputes relating to determinations made by the United States International Trade Commission and the Department of Commerce's International Trade Administration regarding anti-dumping and countervailing duties.[12]. In mid-February, Chief Judge Stanceu held that Commerce made two missteps in a separate scope inquiry, which concerned whether certain ductile iron flanges fall within the scope of the antidumping duty order on non-malleable cast iron pipe fittings from the Peoples Republic of China. Archer Jones } Doty Assn v. State Farm Mut. for defendant: The officer chased Villalba through the parking lot, as they doubled back toward where Villalbas vehicle and the officers patrol car were parked. We use cookies to enhance your website experience. Edgar Crow U.S. Court of International Trade }, Jane A. Restani is an Article III federal judge on senior status for the United States Court of International Trade. discretion, although de novo review applies to the BIA's determination of purely legal questions." Mejia v. Ashcroft, 298 F.3d 873, 876 (9th Cir. Senate voted by voice vote, Senior Status Date: [1], Restani was a trial attorney in the Civil Division of the United States Department of Justice from 1973 to 1976. Lynch The court of appeals was originally created in 1891 and has grown to include thirteen courts. & Lee & Contie She was appointed to the Court on November 16, 1983 by President Ronald Reagan. U.S. Court of International Trade Under settled customs principles, eo nomine subheadings describe merchandise by a specific name, rather than use. Get alerted any time new stories match your search criteria. *, EDMONDSON and MARCUS, Circuit Judges, and RESTANI, Judge, Is Artificial Intelligence Copyright Authorship a 'Red Herring? } Recess appointment; formally nominated on December 5, 1900, confirmed by the Senate on December 10, 1900, date of commission is unknown. Wilkins Customer Service & Employee Learning. Zatkoff, Alesia .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { } Qualified (1983). She served as Chief Judge of the Court from 2003 to 2010. Get in touch with a correction. Member of the Judicial Conference of the United States, 2003-2010, Member of the Executive Committee of the Judicial Conference of the United States, 2010, Chief Judge, 2003-2010. If a case challenges the constitutionality of a U.S. law or has important implications regarding the administration or interpretation of the customs laws, then it may be heard by a three-judge panel. Porfilio Legal Speak is a weekly podcast that makes sense of whats happening in the legal industry. O'Scannlain Judge Thomas J. Aquilino, Jr. Judge M. Miller Baker. Cowen Randall Rader Candidates must submit their applications by mail to: Chambers of Senior Judge Jane A. Restani, U.S. Court of International Trade, One Federal Plaza, New York, NY 10278-0001. Wollman The Court of International Trade has 9 authorized judicial posts. Tilley The list below displays the number of senior judges by the party of the appointing president. font-weight: bold; Vukasin Lawrence M. Friedman (JD 1989/LLM 2001) b(&]-Onu&? The appeals courts also can hear appeals from some administrative agencies. The CIT has issued two important opinions in the last month that cabin Commerces scope enforcement activities. Rafeedie Wulff said he grabbed Villalba by his vest to prevent him from getting back in his car, and the two wrestled on the ground, as Villalbas girlfriend stood nearby. Higginbotham From Free Law Project, a 501(c)(3) non-profit. Attorneys: For plaintiff: Garth Goldberg U.S. Court of International Trade color: white; Case Number: 07-11418, PUBLISHBefore TJOFLAT and BLACK, Circuit Judges, and RESTANI,*fn1 Judge.Defendant-Appellant Islamorada, Village of Islands ("Islamorada") appeals from a judgmen, Publication Date: 2013-08-01 Click here to contact us for media inquiries, and please donate here to support our continued expansion. LinkedIn Easterbrook Smith Id. Russell Ins. clear: both; You can use Search Constraints to get even better search results, Publication Date: 2010-09-26 Gadbois . She assumed senior status on March 1, 2015. Judge: Before: Walker and Chin, C.JJ., and Restani, Judge. Timothy C. Stanceu Leavy 935 Lawson St. City Of Industry, CA 91748. Judge: Before: Hall, Droney, CJJ, Restani,1 Judge U.S. Court of International Trade, w/ Hon. A court of appeals decides appeals from any of the district courts that are in its federal judicial circuit. Camp HD}m`-1WOS\5_[q @171L$-qsXb:U.t As an Article III tribunal, the U.S. Court of International Trade can decide controversies in both law and equity, and is thus allowed to grant relief in virtually all means available, including money judgments, writs of mandamus, and preliminary or permanent injunctions. Many Judges of the Court of International Trade also regularly sit by designation on three-judge panels of the United States courts of appeals. Those efforts have resulted from additional appropriations and new investigatory tools bestowed by Congress, as well as the more stringent application of existing enforcement mechanisms by the agencies themselves. Garcia *Honorable Jane A. Restani, Chief Judge of the United States Court of International Trade, sitting by designation. <>stream Greene at 10-16, contrary to the fundamental administrative law principle that Commerce must account for whatever in the record fairly detracts from its proffered finding, Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 (1951). Three of the judges on the court were appointed by Donald Trump (R). We recommend using the latest version of IE11, Edge, Chrome, Firefox or Safari. width: 100%; Have a portrait of Jane A. Restani you can share? Judge McQuade Partner Former judges of the United States Customs Court. Conmy For more information about the judges of the Court of International Trade, see former federal judges of the Court of International Trade. Acosta Practice Area: Simpson endstream Mark A. Barnett Triple A International Trading Inc. International Trade Consultants (626) 965-8178. Judge She served as assistant chief of the Commercial Litigation Branch of the Civil Division from 1976 to 1980. Industry: Coughenour Boggs Attorneys: For plaintiff: Holland Fitzwater The court was converted into an Article III court in 1956, and customs acts in 1970 and 1980 slowly changed the procedural and jurisdictional qualities of the court.[1]. font-size: .9em; Positions are filled on a rolling basis, but decisions are generally made around November 1 for spring applicants, February 1 for summer applicants, and August 1 for fall applicants. Buckley It does not reflect how a judge may rule on specific cases or their own political preferences. P.C. Judge Stevens Every department within the City of Brea operates under two consistent core values. Reed Suhrheinrich Restani has served as chief judge of the Court of International Trade from 2003 until 2010. %PDF-1.4 Zilly. Head Bissell Hall Court: U.S. Court of Appeals, Second Circuit Case Number: 12-4268-cv, Cite as: Vidro v. US, 12-4268-cv, NYLJ 1202608296433, at *1 (2d Cir., Decided June 21, 2013) 12-4268-cv Before: Walker, Chin, CJ, Resta, How Kirkland and Latham Ruined Lockstep and Caused the Shearman-Hogan Lovells Merger Talks, Concerns Over Layoffs, Expenses, Office Policies Loom Over 2023 Outlook, Cravath's Katherine Forrest Departs for Paul Weiss, Latest Shearman Partner Quits Amid Merger Talks, Fresh Off Layoffs, Goodwin Raids Troutman to Grow Health Care Practices. .widget-value { Brea Police Chief Adam Hawley noted Villalbas criminal history which included a prior strike conviction under Californias three-strikes law for second-degree robbery, as well as a felony conviction for manufacturing an improvised gun and described him as a clear danger to society., Im here to say enough is enough, Hawley told the judge. Judge: Before: Walker, Chin, CJ, Restani,1 J. Friedman for defendant: For Respondent (on submission): Tony West, Assistant Attorney General; Leslie McKay, Assistant Director; Kristofer R. McDonald, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C. Terms of Service, Choose How You Would Like to Share This Page, Facebook The chief judge serves for a term of seven years or until age 70, whichever occurs first. for defendant: Tevrizian Kanne U.S. Court of International Trade, w/ Hon. [2], In the event that no judge on the court meets those qualifications, the youngest judge in regular active service aged 65 years or more and who has served as a judge for one year or more shall become chief judge. All of the courts of appeals also hear appeals from some administrative agency decisions and rulemaking. She noted that the scope makes no mention of the importation of {helical spring lock washers} as assembled as a component of a larger product. Id. court's ruling that Pirani had standing to sue under Section 11 . George Altimari Sean Emery is a crime and public safety reporter for the Register who covers state and federal courts and criminal justice issues. Lawrence M. Friedman (JD 1989/LLM 2001) at 1381. Stanton Court Reporter Transcript Requests; Criminal Defense Attorney Portal ; E-Juror; Electronic Evidence Portal; Family Law eFiling; My Court Portal - Traffic & Criminal; Probate Conservatorship Accounting Portal; Probate Notes; Probate - Reserve a Motion Date; Tentative Rulings; Clerk's office appointments ; Forms & Filing Court Designation List ; Civil eFiling Nevertheless, although current policy may tilt heavily in one direction (i.e., enforcement), that zeitgeist does not license Commerce to act arbitrarily, still less does it permit a Commerce decision that conflicts with basic administrative law principles. The judge must be less than 70 years of age. Guy There are thirteen United States courts of appeals. JJ., and Restani,* J.p, Authors: The largest share of this type of case is heard by the D.C. [2], Monserrate was expelled after being convicted of domestic violence towards his girlfriend which is considered a misdemeanor. Lovell The offer from Orange County Superior Court Judge Gassia Apkarian likely would have led to a 16-month sentence for Gilbert Antonio Villalba, 32, who previously indicated he'd take it. Fox x1@E9/Xt*RXXD *z~7%/'R JJ., and Restani,* J. Over the last decade, the U.S. Department of Commerce and U.S. Customs & Border Protection (CBP) have stepped up their enforcement activities. Judge Richard K. Eaton. .top_disclaimer { First, in MacLean Power, L.L.C. Gregory W. Carman Judge Restani accepts applications for interns. Kelly Weber Court No. for defendant: Gene V. Primomo, Assistant Federal Public Defender, for Alexander Bunin, Federal Public Defender, Syracuse, NY, for Petitioner-Appellant. Barnes, Richardson & Colburn, LLP, w/ Hon. Attorneys: For plaintiff: } Wellford, Baldock endobj Partner endobj Practice Area: Jane A. Restani Judge Dated: July 25, 2005 Case 1:94-cv-02814-JAR Document 188 Filed 07/25/05 Page 25 of 25. December 9, 1993. Date Filed: 2001-03-23

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