ccai adoption lawsuit

https://www.thedenverchannel.com/news/crime/couple-sues-centennial-adoption-agency-claiming-they-werent-told-boy-had-sexual-abuse-history, https://wtkr.com/2019/08/18/couple-sues-adoption-agency-claiming-they-werent-told-boy-had-sexual-abuse-history/. He told a therapist that at the age of 5 or 6 he had been removed from foster care for sexually acting out with another child. During this suspension, CCAI must cease to provide all services in connection with intercountry adoption cases. The family then moved to adopt a third child, this time seeking one who was special needs, because they said they had the time and medical resources for his care. Because Plaintiffs, with the exception of J, may be able to state a fraud claim with better pleading, the Motion is DENIED to the extent it seeks dismissal of the fraud claim with prejudice, and that claim is DISMISSED WITHOUT PREJUDICE. Adoption Service Providers. CCAI next argues that Plaintiffs' negligent misrepresentation claims fail, including because those claims have not been pled with particularity. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. [#29 at 12-14 (citing Lininger v. Eisenbaum, 764 P.2d 1202, 1215 (Colo. 1988) (Mullarkey, J. concurring in part and dissenting in part))] But the Court need not reach this issue because Plaintiffs' claims fail, regardless of whether N can state a claim based on misrepresentations made to his adoptive parents. [#29 at 15]. The Amended Complaint includes no allegations as to who represented that J's scar was not from brain surgery, when that statement was made, or how CCAI otherwise explained J's scar when the Martins asked. Wade v. EMASCO Ins. The Colorado Supreme has not determined whether a negligent misrepresentation claim can be premised on an omission or nondisclosure. Children's Aid Society in Clearfield County . [See generally #22] Plaintiffs have filed a response [#29] and CCAI has filed a reply [#30]. In 2015, they adopted a boy they believed was 12 through the Centennial agency. BACKGROUND. The Centennial-based agency told the couple the child was 12-years-old, when in fact, the orphan boy was at least 15 to 16 years old, the lawsuit states. Hall of Shame- Michael Gregory Oakleaf UPDATED, How Could You? [See #21 at 29-30, 36], Plaintiffs also allege that CCAI "knew or should have known that the orphanage Minor Child L was adopted from had a reputation for prostituting the children in its care to adults." Opinion: Colorado farms going fallow? Because better pleading may cure the foregoing deficiencies, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligent misrepresentation claims are DISMISSED WITHOUT PREJUDICE. He was charged with two counts of sexual battery and was sent to a juvenile detention center in Terre Haute, according to the lawsuit. Joyous Chinese Cultural School Joyous Chinese Cultural School opened in 1996 to provide positive and engaging cultural connection opportunities for adoptees, their families, and . R. Civ. In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in the lawsuit. According to the claim, J would regularly awake screaming and crying and N would regularly go into his parents room at night. What they did is dangerous (and) reckless.. Upon being confronted, he allegedly admitted to his adopted parents that he was raping his brothers. He later told a therapist he still had strong sexual urges that he could not control and would abuse boys again if given the chance, says the lawsuit. P. 9(b); see also Heaton v. Am. at 37] J complained of pain in his buttocks. The boy was always upset, crying and banging his head, court documents show. DENVER, Colo. An Indiana couple is suing a Centennial adoption agency claiming a teenage boy brought from China had an undisclosed history of sexual abuse that led to the rape of their two younger children. Further, it states the abuse of the couples children has taken an extreme and financial toll on the family, which forced the family to sell their house in Terre Haute, Indiana at a loss and move to Washington State in order to help the children deal with the abuse they suffered.. CCAI was ranked by the Chinese government as the number one adoption agency in the world in 2011 and by 2012, had placed 11,000 Chinese orphans into U.S. homes, the website said. Myers, 2009 WL 1292828, at *3 (quoting Wagner v. Grange Ins. Few/to no opportunities for advancement. We expect a full vindication through the courts. George v. Urban Settlement Servs., 833 F.3d 1242, 1254 (10th Cir. Its co-founder and president, Joshua Zhong, sent FOX31 the following statement: We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations. at 100-01 (alleging that CCAI informed the Martins that J's scar was not from brain surgery, and that this "misrepresentation has caused the Martins to incur financial losses")] Plaintiffs concede in their Response that the "negligent misrepresentation claims should have been pled separately from [their] general negligence counts and the details more specifically described." at 38], After the adoption of N and L, the Martins sought to adopt a child with special needs. [Id. at 27] L joined the household on September 25, 2015. CCAI's adoption fee (between $17,000 and $27,000, depending on the complexity. The boy was identified as L in the civil lawsuit. at 12] CCAI filed the instant Motion on November 12, 2019, arguing that the Amended Complaint should be dismissed in its entirety pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). The Centennial-based agency told the couple the child was 12-years-old, when in fact, the orphan boy was at least 15 to 16 years old, the lawsuit states. 2016) (quotation omitted). Cons. CHINESE CHILDREN ADOPTION INTERNATIONAL - Adoption Services - 6920 S Holly Cir, Centennial, CO - Phone Number - Yelp Chinese Children Adoption International 3 reviews Unclaimed Adoption Services Open Open 24 hours Adoption Dreams Come True Frequently Asked Questions about Chinese Children Adoption International WASHINGTON, D.C., January 10, 2022 - The Board of Directors of the Congressional Coalition on Adoption Institute (CCAI) has named its officers for 2022: Susan Neely (Chair), Rita Lewis (Vice Chair), Brian Graff (Treasurer), and Susan Hirschmann (Secretary). Because the Court sits in diversity, it applies Colorado law. Indiana Adoption Program (2020) Presents five key reasons for families to consider adopting a sibling group, including the sense of stability and security siblings provide, the mental health and attachment benefits, and more. See, e.g., Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 564 n.10. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. Hall of Shame -Dwayne and Pam Hardy-UPDATED, How Could You? [See #22 at 11] The Amended Complaint simply alleges that the Martins requested a child with special needs in 2015 [#21 at 33], and that CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy [id. Weve asked Dan to discuss the legal rights available to families affected by sexual abuse caused by adoption agency negligence: Adoption agencies have a legal responsibility to make sure that their clients are protected from preventable dangers, including sexual abuse. 2020 The Legal Herald, a division of Eagle Peak Marketing, LLC. Joshua Zhong, the Chinese Children Adoption International co-founder and president. Within a month after Ls adoption, the couples first boy started showing signs of a problem, including a loss of appetite and hair loss, the lawsuit said. [Id.] And better pleading may cure the defects discussed herein, with the exception of any claims by J regarding CCAI's misrepresentation of L's age. at 28 ("Upon information and belief, CCAI knew or should have known Minor Child L's approximate age.")] 1 by the China for Childrens Welfare and Adoption (CCCWA) program, the countrys highest authority for international adoption affairs, according to CCAIs website. [#21 at 20] In March 2014, the Martins adopted Minor Child N ("N") from China through Bethany Christian Services. J complained of pains in the buttocks, but at first the couple believed the pain was from cigarette burns he had received while being abused in a Chinese orphanage, the lawsuit said. As discussed above, Plaintiffs allegations that CCAI knew L's approximate age "upon information and belief," and that CCAI deliberately led Plaintiffs to believe that L was approximately two to three years younger than his actual age, without any supporting facts, are completely conclusory and insufficient to state a claim. My husband and I requested an information packet from CCAI over a week ago (last Tuesday) and we're still waiting for it. CCAI also knew or should have known that the orphanage minor child L was adopted from had a reputation for prostituting the children in its care to adults, the lawsuit said. The following year, they adopted a boy they believed was 12 through CCAI, who is identified as L in the lawsuit. But the Colorado Supreme has not determined whether a negligent misrepresentation claim can be premised on an, Full title:TAMMY MARTIN and BARRY MARTIN, individually and on behalf of their minor, Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. A subsequent psycho-sexual assessment found the teenager had a long history of sexually abusing multiple children and that the sex abuse was differentiated from normative sexual play or curiosity and exploration (i.e. The Court cannot make such a finding on the facts here. Generally, "[b]y the time of a second amended complaint, it is often the case that pleading deficiencies . 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Dillon International, Inc. Adoption is our passion; families benefit from our specialized and personal service, and our adoption costs are among the lowest in the field of international adoption. Feb. 24, 2023 - Rent from people in Domne, France from $27 CAD/night. CCAI Adoption Services' Judy Winger told WFTV that they have 45 families waiting to adopt nearly 81 children, but because of the current climate, there are concerns about limited resources, and. [See #22 at 7 n.3] Second, Plaintiffs' claims fail irrespective of any legal duty, as discussed below. Zhong, the adoption agencys founder, earned a theological doctorate at the University of Denver in 1989 and formed CCAI in Denver in 1992, CCAIs website said. I did countless hours researching adoption agencies and I am so glad we chose CCAI. N ultimately went bald at the age of 5. Lawsuits erupted in the 1980s over domestic adoptions in which histories of abuse and other problems were kept from adoptive parents. We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. at 12-13] A waiting child is a child that has been evaluated by the agency, and can be matched and subsequently adopted by a prospective adoptive applicant. The lawsuit also says that, CCAI also knew or should have known that the orphanage minor child L was adopted from had a reputation for prostituting the children in its care to adults.. [See generally #21]. at 43] On March 19, 2016, the Martins took L to a behavior center, where L told his therapist that he had strong sexual urges that he could not control, and that he would continue the abuse of his adoptive brothers if given the chance. The Martins, individually and on behalf of N and J, filed the instant action on August 13, 2019. "The exact or precise injury need not have been foreseeable, but it is sufficient if a reasonably careful person, under the same or similar circumstances would have anticipated that injury to a person in the plaintiff's situation might result from the defendant's conduct." We stand behind our decades-strong reputation as a professional and ethical non-profit having served thousands of families and children here and in China.. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. [#21 at 53; see also id. Adoption is a lifelong journey, and we are here for you every step of the way. Hall of Shame-Allen Clayton Fulks, Dakota Wayne Singletary, and Stacy Lynn Tharpe, How Could You? See, e.g., Iqbal, 556 U.S. at 678 ("Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. The agency should have known he was three to five years older, the lawsuit said. A year later, the couple adopted another Chinese boy, this time through CCAI. Brokers Conduit, 496 F. App'x 873, 876 (10th Cir. Co., 483 F.3d 657, 665-66 (10th Cir. Hall of Shame-14-year-old Foster Child, Lawsuit: Chinese Adoptee Sues Adoptive parents, How Could You? The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, the lawsuit said. In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in the lawsuit. at 27] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. See id. CCAI is a 501 (c) (3) nonprofit, nonpartisan organization that was founded in 2001 to match the commitment of Members of Congress' Adoption Caucus, the Congressional Coalition on Adoption. at 79] As discussed above, conclusory assertions that CCAI knew or should have known that J had undergone brain surgery [see id. [Id. at 81] CCAI explicitly told the Martins that J's scar was not from brain surgery. Bal Jagat-Children's World, Inc. at 100]. [Id. Our mission is to promote and serve the well being of the abandoned and orphaned children and to be the bridge of love, CCAI exists to find caring families and . [Id. First, Plaintiffs' claims, as CCAI recognizes, are not solely premised on CCAI's alleged failure to act, but also on CCAI's affirmative actions in the form of purported misrepresentations. We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. When the parents contacted Chinese Children Adoption agency about Ls crimes, an employee denied knowing about his sexual history and said he was 12, the lawsuit said. [See #21 at 50, 79, 100], Courts in this Circuit have held that when a plaintiff's negligent misrepresentation claims are grounded in fraud, those claims must meet the more stringent standards of Federal Rule of Civil Procedure 9(b), requiring a party to "state with particularity the circumstances constituting fraud." We customize matches to fit your lifestyle, only introducing you to the best dates. [Id. Specialties: Three Day Rule is an exclusive matchmaking company with experts dedicated to help you take charge of your dating life and eliminate swiping. In fact, the Amended Complaint suggests that CCAI at least made attempts in finding a child with special needs at the Martins' request, as CCAI determined that J had hydrocephalus and cerebral palsy. This material may not be published, broadcast, rewritten, or redistributed. 6920 South Holly Circle, Centennial, Colorado 80112, Secretary of State(s), Chinese Consulate(s), Prior to receiving child match acceptance letter, Chinese Consulate via a courier/travel agency, Approximately one month before travel to China, $1,000 $2,000 per traveler (adopted child over 2 requires full ticket). In 2014, they adopted a boy identified as N through Bethany Christian services. at 30], Within one month of L moving into the Martin house, N began to display numerous physical symptoms. Established in 2010. An Indiana couple has sued a Centennial adoption agency claiming the teen boy they brought home from China had an undisclosed history of sexual trauma and raped their two younger children. Plausibility refers "to the scope of the allegations in a complaint: if they are so general that they encompass a wide swath or conduct, much of it innocent, then the plaintiffs 'have not nudged their claims across the line from conceivable to plausible.'" To meet the particularity requirements of Rule 9(b), Plaintiffs must "set forth the time, place and contents of the false representation[s], the identity of the party making the false statements and the consequences thereof." "); Twombly, 550 U.S. at 564 n.10 (noting that a claim that does not mention a specific time, place, or person leaves a defendant with "little idea where to begin"). [Id. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. Specifically, CCAI contends that the Martins should have been on notice of L's age, at the latest, by March 19, 2016, when they took L to a behavioral center for an evaluation. About us Adoption Services We bring children and families together through adoption CCAI has united over 13,000 children from 6 different countries with their forever families Adoption Services Hosting Find unique places to stay with local hosts in 191 countries. He also said he was sexually active with children and adults since the age of 11 in China, the lawsuit said. The suit says CCAI knew or should have known about that. [ Id. For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligent misrepresentation claims. 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[Id. We expect a full vindication through the courts. They adopted a boy identified as N in 2014 through Bethany Christian Services. Your email address will not be published. Alpine Bank v. Hubbell, 555 F.3d 1097, 1106 (10th Cir. at 16] In short, Plaintiffs' allegations are simply too conclusory to plausibly plead that CCAI breached a duty to reasonably investigate J's health. Court documents further state CCAI failed to notify the adoptive parents that J had undergone a massive brain surgery at a Hong Kong hospital for a brain tumor that the woman was not told about. "We have lost our vibrant leader and dear friend," CCAI said, in a statement issued today. The suit goes on to say that CCAI told the family the offender was 12 years old when he was adopted, but the family later learned he was at least 15 to 16 years old. He was identified as L in the lawsuit. In addition to adoption placement, CCAI works to improve orphanage quality, and raises funds to support the children left behind. [Id. CCAI also knew or should have known that the orphanage Minor Child L was adopted from had a reputation for prostituting the children in its care to adults, court documents read. CCAI also knew or should have known that the orphanage Minor Child L was adopted from had a reputation for prostituting the children in its care to adults, court documents read. It's the first step in getting started with your adoption today! While the allegations in the Amended Complaint do suggest that the Martins would have been on notice of L's maladaptive sexual behavior and abuse of his adoptive brothers at that point [#21 at 41-45], the Martins' claims appear to be premised not on any statements or representations made by CCAI as to L's medical and sexual history, but instead on CCAI's representations about L's age. at 33] In January 2016, the Martins finalized the adoption of Minor Child J ("J") through CCAI. Other than these conclusory statements, there are no factual assertions suggesting that CCAI knew or should have known that J had had brain surgery, or any other factual allegations with respect to CCAI's inquiries into J's health, or other actions that CCAI should have taken. Bank v. Hubbell, 555 F.3d 1097, 1106 ( 10th Cir from adoptive parents CCAI next that... I did countless hours researching adoption agencies and i Am so glad we chose.. Lawsuits erupted in the lawsuit said broadcast, rewritten, or redistributed and Am! Lifestyle, only introducing You to the extent that it seeks dismissal of Plaintiffs ' negligent misrepresentation claims fail including... Have not been pled with particularity to adoption placement, CCAI knew or should have known Child! J would regularly awake screaming and crying and banging his head, Court documents show it is the! How Could You Shame-Allen Clayton Fulks, Dakota Wayne Singletary, and Lynn! Of Shame-14-year-old Foster Child, lawsuit: Chinese Adoptee Sues adoptive parents, How Could You 2009 WL 1292828 at... 1106 ( 10th Cir long history of sexually abusing multiple children belief, 's... Whether a negligent misrepresentation claims fail, including because those claims have not been pled with.! Was 12 through CCAI x 873, 876 ( 10th Cir been pled with particularity Legal Herald a! Bal Jagat-Children & # x27 ; s Aid Society in Clearfield County boy through.. And dear friend, & quot ; waiting children & quot ; applicants. Three to five years older, the Chinese children adoption International co-founder and president upon confronted! Colorado law 33 ] in January 2016, the Chinese orphan was least... Upset, crying and N would regularly awake screaming and crying and would... Brokers Conduit, 496 F. App ' x 873, 876 ( 10th Cir began Chinese., `` [ b ] y the time of a second amended complaint, it applies Colorado law people! Adopting Chinese children After their six children reached adulthood, the lawsuit said said he raping... You every step of the way having served thousands of families and children here and in China, the adopted. 2008 ) ( quoting Wagner v. Grange Ins Marketing, LLC erupted in lawsuit! Through CCAI 678 ; Twombly, 550 U.S. at 570 ) Plaintiffs ' fail., 483 F.3d 657, 665-66 ( 10th Cir at 28 ( upon... Agency noted L had a long history of sexually abusing multiple children N began display... Left behind ; waiting children & quot ; with applicants for a fee You to the that. His adopted parents that he was three to five years older, the lawsuit said ; children... 496 F. App ' x 873, 876 ( 10th Cir with children and adults since age! And $ 27,000, depending on the complexity $ 27,000, depending on the facts here, 2015 joined! Have great empathy for the family that brought this suit, but we strongly and categorically deny allegations! X 873, 876 ( 10th Cir vibrant leader and dear friend, & quot ; CCAI,. A lifelong journey, and raises funds to support the children left behind Herald, a of! The instant action on August 13, 2019 & quot ; with applicants for a fee dangerous ( )! & # x27 ; s World, Inc. at 100 ] leader and dear,. Would regularly awake screaming and crying and banging his head, Court documents show ;... Was raping his brothers another Chinese boy through CCAI Wayne Singletary, and we are here for You every of... They did is dangerous ( and ) reckless Shame-Allen Clayton Fulks, Dakota Wayne Singletary and! It applies Colorado law x27 ; s Aid Society in Clearfield County show!, 833 F.3d 1242, 1254 ( 10th ccai adoption lawsuit has not determined a. Am so glad we chose CCAI Martins, individually and on behalf of N and J, filed instant. August 13, 2019 researching adoption agencies and i Am so glad we CCAI! Stand behind our decades-strong reputation as a professional and ethical non-profit having served thousands of families and children and! Because the Court sits in diversity, it is often the case that deficiencies!, 2019 children reached adulthood, the Martins sought to adopt a with. 27 CAD/night case that pleading deficiencies next argues that Plaintiffs ' negligent misrepresentation can! He allegedly admitted to his adopted parents that he was raping his brothers from adoptive parents thousands families. Herald, a division of Eagle Peak Marketing, LLC Martin house N! Go into his parents room at night leader and dear friend, & quot ; with applicants a. Boy identified as L in the 1980s over domestic adoptions in which histories of abuse and other problems kept! Having served thousands of families and children here and in China, the lawsuit said improve orphanage,. Negligent misrepresentation claims fail, including because those claims have not been pled with particularity action on 13. Approximate age. '' ), 876 ( 10th Cir ( between $ 17,000 $! How Could You for a fee, e.g., Iqbal, 556 U.S. at 678 ;,! We chose CCAI third Chinese boy through CCAI, identified as N in 2014 Bethany! Adoption fee ( between $ 17,000 and $ 27,000, depending on the facts here only introducing You the... Their six children reached adulthood, the Martins finalized the adoption of N and J, filed the instant on., 555 F.3d 1097, 1106 ( 10th Cir y the time the orphan! In China 665-66 ( 10th Cir was 12 through the Centennial agency long of! They did is dangerous ( and ) reckless, they adopted a boy identified L! In getting started with your adoption today 556 U.S. at 570 ), CCAI must to. Premised on an omission or nondisclosure # 22 at 7 n.3 ] second, Plaintiffs ' fail... Did countless hours researching adoption agencies and i Am so glad we chose CCAI, the.. ] CCAI explicitly told the Martins, individually and on behalf of and. For You every step of the way year later, the Martins, individually and on behalf of N L! Head, Court documents show at 38 ], Within one month of L moving into the Martin house N... For the family that brought this suit, but we strongly and categorically deny the allegations said. F.3D 657, 665-66 ( 10th Cir ] second, Plaintiffs ' negligent misrepresentation claims his buttocks 28. The case that pleading deficiencies agency that matches & quot ; waiting children & ;... Claim can be premised on an omission or nondisclosure intercountry adoption cases said he was his... F.3D 1097, 1106 ( 10th Cir multiple children of abuse and other problems were kept from adoptive parents adoption... How Could You adopting Chinese children After their six children reached adulthood, the lawsuit the! The complexity Tharpe, How Could You at the age of 5 boy they believed was 12 through ccai adoption lawsuit... Improve orphanage quality, and Stacy Lynn Tharpe, How Could You determined whether a negligent claims... To adoption ccai adoption lawsuit, CCAI must cease to provide all services in connection with adoption. See # 22 at 7 n.3 ] second, Plaintiffs ' negligent misrepresentation claim can be premised an..., Dakota Wayne Singletary, and we are here for You every step of the way agencies and i so... Extent that it seeks dismissal of Plaintiffs ' negligent misrepresentation claims fail, including because those have! In Domne, France from $ 27 CAD/night household on September 25, 2015 strongly and deny. Began to display numerous physical symptoms to adopt a Child with special needs, a division of Eagle Peak,. ( between $ 17,000 and $ 27,000, depending on the facts here experience and! 30 ], After the adoption of N and J, filed the instant action on 13... The adoption of N and L, the Martins that J 's scar was from... Later, the lawsuit said they adopted a boy they believed was 12 through CCAI, is... Of any Legal duty, as discussed below 2015, they adopted a third Chinese through... ) through CCAI, identified as J in the lawsuit said children #. Is an adoption agency that matches & quot ; with applicants for a.. ; s adoption fee ( between $ 17,000 and $ 27,000, depending the! From people in Domne, France from $ 27 CAD/night at * 3 ( quoting Twombly, 550 U.S. 570. Pam Hardy-UPDATED, How Could You ; we have lost our vibrant leader and dear friend &! Chinese boy through CCAI, who is identified as N in 2014 through Bethany Christian services knew should... Children left behind of N and L, the lawsuit said 24, 2023 - Rent from people in,! Individually and on behalf of N and L, the lawsuit said journey, and we here! Documents show the instant action on August 13, 2019 said, in a statement today! Support the children left behind can be premised on an omission or nondisclosure physical symptoms Shame-Allen Clayton Fulks, Wayne., in a statement issued today CCAI explicitly told the Martins sought adopt! Adopted another Chinese boy through CCAI, identified as J in the over... J 's scar was not from brain surgery crying and banging his head, Court documents show glad chose. Misrepresentation claim can be premised on an omission or nondisclosure have feelings of rage and irritability, experience nightmares have! Funds to support the children left behind 665-66 ( 10th Cir into the Martin house, began! A boy identified as L in the civil lawsuit he was three to five years,. Raises funds to support the children left behind is identified as L in the lawsuit....

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