Id. Attention seeking for marketing.. Another reason to make a YT video or FB post. I wonder what Matt is alluding to when he talks about problems with Ron. Millionaire Survivalists in Film Part 4. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. Gen. Laws 2501, 2501 (amended 2019) (current version at TEX. Because the commercial speech exemption is dispositive of this case, we need not address whether Scott met its burden to prove a prima facie case. Rising S Company leads the industry in innovation and engineering underground shelters. It also the first place to flood in case of a non water tight environment. CODE ANN. It also explains that, because the videos involved Scott's prior customers discussing Scott's products, the statements do not arise from a commercial transaction involving goods Atlas provided. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS. Because Atlas has not shown trial court error, we affirm the trial court's order denying Atlas's motion to dismiss. CIV. See Epperson , 2016 WL 4253978, at *11. 27.005(d), TEX. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. & REM. This is the best way to manage and repair your business reputation. 341, 2, 2011 Tex. PRAC. "It's by far, by 20. The applicable version of Section 27.005(a) required the trial court to rule on a TCPA dismissal motion not later than the thirtieth day following the date of the hearing on the motion. I don't know the full story or whether it was resolved, just some court documents from the case. We conclude that Scott has shown that Atlas was acting in the capacity of seller of underground bunkers and bunker services when it published the videos, satisfying the second Castleman element. We first note that the TCPA does not address whether the trial court may rule on a motion to dismiss after it has been denied by operation of law. See Round Table Physicians Group , PLLC v. Kilgore , 607 S.W.3d 878, 883 (Tex. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. Below is the information about rising s bunkers lawsuit . If the defendant meets this burden, then the burden shifts to the plaintiff-nonmovant to establish by clear and specific evidence a prima facie case for each essential element of the claim in question. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 (Tex. 27.005(d)); Castleman , 546 S.W.3d at 691. PRAC. PRAC. One consumer claimed to have lost $100,000 after a faulty shelter flooded. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. Freedom of Speech. See TEX. Accordingly, application of an exemption means the nonmovant need not make its prima facie case. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. filed). PRAC. Your on Reddit everyone cares about the drama. With a 100% Lifetime welds and craftmanship warranty. & Loan Ass'n , 751 S.W.2d 487, 490 (Tex. All rights reserved. Rising S Company - Bunkers and Shelters Clyde Wayne Scott, Managing Partner Gary Lynch, Murchison Texas, ABOUT THE RIPOFF REPORT BELOW:Ripoff Report would like to let readers know that Ripoff Report emailed this customer, so the member business could make things right with them. v. L.W. Regarding the live testimony, the trial court may, but is not required to, hear live testimony when determining whether to grant or deny a TCPA motion to dismiss. Tell us has your experience with this business or person been good? Neither the TCPA nor Castleman requires the commercial transaction referenced in the third element be one conducted by the defendant, only that it involve the kinds of goods or services the defendant provides. realistically youd need a lot more to protect from radiation but you get what you pay for and if you want a metal box to live in you can get one. We discern no abuse of discretion in the trial court's consideration of the videos. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. 2020, pet. CIV. Ripoff Report always monitors these emails to insure the member business does what they agreed to. & REM. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. App. 27.008(a). & REM. 2018) (per curiam). honestly, both companies are still in business, which means they aren't being sued out of existence, so they both must be doing something right. strict standards for business conduct. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. We enjoy it. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the same being considered, it is the opinion of this Court that there was no error in the trial court's order. Specifically, it complains that the court responded to only three of four criteria that should be addressed, and the court contradicted itself by stating that the commercial speech exemption is established but that Atlas failed to show by a preponderance of the evidence that Scott's claim is based on, relates to, or is responsive to a protected right of Atlas. One video, entitled "Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers," featured Hubbard interviewing a man who believed his incarceration was a direct result of . & REM. See TEX. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. PRAC. Gen. Laws 960, 962 (amended 2019) (current version at TEX. CODE ANN. Corporate Advocacy Program: How to repair your business reputation. CODE ANN. 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. We lead the industry in innovation and engineering underground shelters. Security is what we do and we do it better than the rest. See Hawkins , 606 S.W.3d at 44 n.2. The Rising S Company is a pace setter and sets the proverbial bar in the industry with quality and craftsmanship that is second to none and exceeds all other standards. If youre thinking about having a bunker built one thing is certain, and thats the importance of doing your research before you hire any company. PRAC. PRAC. Prewit alleges Scott set him up to be busted by the feds after seeing Prewits cache of illegal weapons, which included guns that were unregistered and had been illegally modified. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. We now address Scott's contention that the motion to dismiss was properly denied because the libel, business disparagement, and breach of contract claims fall under the TCPA's commercial speech exemption. Rising S Bunkers offers up a wide range of bunker options for buyers at all different budgets, ranging from just under $40,000 to the low millions. If not, and the customers is right, the member business will be taken off the Corporate Advocacy Program. CIV. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. REBUTTAL BOX The Rising S Company is a pace setter and sets the proverbial bar in the industry with quality and craftsmanship that is second to none and exceeds all other standards. Ripoff Report has an exclusive license to this report. However, they encased my underground bunker in concrete. Dont click on those slick Ads! This court overruled Scott's motion and set the case for submission. When I first called them and told them my bunker was flooded, they told me it was just "moisture" and its my job to wipe it all up, it could get several feet of moisture inside the bunker. Rising S Company - All Steel Bunkers and Bomb Shelters (903) 804-3774 sales@risingscompany.com Home Bunker Pricing Media 3D Camera Bunker Walk-throughs Bunker Videos Bunker and Shelter Photo Gallery Bunkers Our Floor Plans Bunkers and Bomb Shelters | Pricing and Floor Plans Economy Shelters Standard Shelters Silver Leaf Series Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. When they approached Ron about the problem, they claim he became belligerent. Metro. CIV. See TEX. Copyright 1997-2023, Ripoff Report. 1997). Insurance for tough times. Rising S Company Reviews are here to show you everyone who loves working with us. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. See Act of May 21, 2011, 82nd Leg., R.S., ch. PRAC. Advertisers above have met our Yes. 2,479 Followers, 286 Following, 391 Posts - See Instagram photos and videos from Rising S Bunkers (@risingscompany) risingscompany. CIV. Justice Opinion delivered November 18, 2020. CIV. 9350 State Highway 31 East Murchison, Texas United States Phone: (214) 893-8007 Web: www.risingsbunkers.com Category: Miscellaneous Companies App.Houston [1st Dist.] The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." CODE ANN. P. 26.3. Hubbard, however, had a different take on the situation. Atlas made a bona fide attempt to invoke the appellate jurisdiction of this court by offering a reasonable explanation for failing to timely file its notice of appeal by October 15, if that was the controlling date. & REM. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . Rising S Company receives a positive rating for their commitment to the Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. PRAC. ); Clewis v. Harris Cty., No. Celebrity Skin Cream wrinkle cream rip-off advertisements US Based and Foreign companies bilked consumers out of Hundreds of Millions of dollars over the past 7 years. Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program -- a program that benefits the consumer, which helps to increase consumer satisfaction and confidence when doing business with a member business Verified By Ripoff Report. CODE ANN. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. the owner of Atlas just has a big following and Rising S has been pretty much silent, so there is a single voice that everyone is hearing. I know this is an old post, but I didn't see anyone mentioning the lawsuit, so I figured I'd mention it: Apparently Rising S either sued, or is in the process of suing, Atlas for libel. TEX. 27.010(a)(2), TEX. Commercial Speech Exemption. See Tex . Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Rising S Company recognized by Ripoff Report Verified as a safe business service. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. Here, although there are differences in how Scott's and Atlas's shelters are built, they each sell the same kind of good, underground survival shelters, in the market place to a common customer base. Who is ED Magedson - Founder, Ripoff Report. Consumers want to see how a business took care of business. We have some great clients and we love hearing from them. CODE ANN. Rising S Company LLC made efforts to ensure that all customers were satisfied, and owner, CEO, or Managing Member assured Ripoff Report that the business has an improved business model that features customer satisfaction as the top priority. I don't have the time or energy to go over all their false statements because there's just too many. See Act of May 21, 2011, 82nd Leg., R.S., ch. they cannot deliver what they say an insane amount of money Pittsburgh Pennsylvania, Attorney Sharon K. Campbell COLLUDES with Wells Fargo Dallas Texas, BlackSwanCapital.co Black Swan Enterprises Peter Tumbas Black Swan Capital The offered guaranteed low-cost financing if I first stepped in high-cost short term financing New York New York, Geeks Ondemand LLC, Lizeth Lagomarcino Papaleo Geeks Ondemand LLC, The Geeks Mob SCAM! App.Houston [14th Dist.] PRAC. Corporate Advocacy Business Remediation and Customer Satisfaction Program. We as humans enjoy drama. 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". CODE ANN. See Hawkins , 606 S.W.3d at 47. How those businesses take care of those complaints is what separates good businesses from the rest. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. Sys. Atlas also contends there is no nexus between the statements and a commercial transaction. 341, 2, 2011 Tex. R. APP. P. 42.3(a). Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. p2 CN3 7dgaQBBG )&?2P63T`"RBrT>W8~c:d There are so many false claims, I don't know where to begin. Atlas claims rising s wants the monopoly by using underhanded business tactics, the owner has a history of multiple felonies, and atlas keeps making videos of how shitty rising S bunkers are. PRAC. 341, 2, 2011 Tex. I don't think it's typical company rivalry, I think there's some genuine animosity there. Ron then went on to claim the information he learned after he spoke to Prewit was so explosive that he sat on it for a year before finally deciding to go public. Your confidentiality and safety is our greatest concern. CODE ANN. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. We first address whether Atlas met its burden to show this suit is based on or is a response to the exercise of free speech. CIV. CODE ANN. See Act of May 21, 2011, 82nd Leg., R.S., ch. & REM. Rising S wants the monopoly by using underhanded business tactics, the owner has a history of multiple felonies, and atlas keeps making videos of how shitty rising S bunkers are. Welcome to the Rising S Company official YouTube channel. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. This allows the unit to "self-regulate" the temperature inside the unit; eliminating moisture & corrosion problems that you will inevitably encounter with shipping containers." It features two. Your email address will not be published. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. All business will get complaints. If theyre not trustworthy, who is to say they wont come to take what you have after TEOTWAWKI? Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. Be sure to contact us with your questions and comments about any business that is part of the Corporate Advocacy Business Remediation and Customer Satisfaction Program. Rising S Company leads the industry in innovation and engineering underground shelters. To order your Survival Food visit:https://beprepared.com/pages/shelter-with-atlas?rfsn=3944244.545f75&subid=atlas.foodFollow me @https://www.facebook.com/atl. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Gen. Laws 960, 961-62 (amended 2019); TEX. Personally, I doubt either brand of shelter is terrible; they're likely both very professionally made, although which one is better is up for debate. The TCPA endorses a summary process, requiring judicial review of the pleadings and limited evidence. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. Regarding the videos, their admission was within the trial court's discretion. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. Be knowledgeable about any company or person you hire. TEX. Further, Atlas filed a response to Scott's motion to dismiss. We conclude Atlas's videos are an exercise of the right of free speech. See TEX. App.Austin July 31, 2020, no pet.) Sols., Ltd., 556 S.W.3d 865, 887 (Tex. CODE ANN. WardenWolf 2 yr. ago. Rising S refused to replace my rusted out NBC filtration system. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. CIV. The Rising S Company is a pace setter and we set the proverbial bar in the industry with a quality and craftsmanship that is second to none and exceeds all other standards for underground shelters and emergency shelter solutions. CIV. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-verified-safebusinesses-consumers-can-trust-rising-s-bunkers-is-americas-biggest-manufacturer-of-all-steel-underground-bunkers-storm-shelters-safe-rooms-blast-doors-and-bomb-shelters-rising-s-company-leads-the-industry-in-innovation-and-engineering-underground-shelters-the-rising-s-company-is-a-pace-setter-and-sets-the-proverbial-bar-in-the-industry-with-quality-and-craftsmanship-that-is-second-to-none-and-exceeds-all-other-standards/murchison-texas-75778-3456/rising-s-company-bunkers-and-shelters-clyde-wayne-scott-managing-partner-gary-lynch-mu-1447274, Paradise Property Management Ventura Illegal eviction my account being hacked, PPM will not investigate how it happened Ventura California, Kei Kullberg Quintessential Mortgage Group bait and switch you into promising you a low-rate Mortgage Scammer White Plains New York, TAHINI GODDESS Sally schimko Sexyveggies Tahini Goddess inulin Goddess Prebiotic white labeling of non-licensed food supplement. Dont click on those slick Ads! See TEX. 27.008(a), TEX. CODE ANN. PRAC. CIV. Accordingly, based on the liberal standard for considering untimely appeals, we find this court has jurisdiction to hear Atlas's appeal. denied); Grant v. Pivot Tech. See In re Panchakarla , 602 S.W.3d 536, 540 (Tex. Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. In both videos, Mr. Hubbard opens by saying "welcome back to another episode of Atlas Survival Shelters" and states that Rising S is a competitor of his. 27.001(1). The factual recitations preceding the decretal portion of a judgment form no part of the judgment itself. CODE ANN. As always, Ripoff Report cannot guarantee that every customer or employee will always be 100% satisfied in every case, but we promise that if you have any concerns with Rising S Company LLC or any of our Corporate Advocacy Program members, we will do everything we can to see that the issue is addressed quickly and that you are treated fairly and with respect. Please contact us now if you would like to leave a customer review that we can put on our website. App.San Antonio 2019, no pet.). The third video is allegedly in violation of the parties' Rule 11 agreement and is the basis of Scott's breach of contract claim. The people at Rising S Company did just that. PRAC. In appeals from a Section 27.003 motion to dismiss, where there is no order rendered within the thirty-day time period, courts have determined that the twenty-day timeframe to file the notice of appeal begins when the motion is denied by operation of law. Some of those commentators state they will not purchase from Scott and some say they will purchase from Atlas after watching the "Texas Man" video. The Rising S Company is a pace setter and sets the proverbial bar in the industry with quality and craftsmanship that is second to none and exceeds all other standards. How does a business get Ripoff Report Verified. In its motion to dismiss, Atlas stated that the "recording and publishing of the videos was a communication that is protected as an exercise of the right of free speech made in connection with a matter of public concern which is related to a good, product, or service in the marketplace." This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. Miami Florida, Old Town Atelier Dan Kolar Alexandra Kolar Press and Ink Scamming and Blocking Paying Customers Temecula California, Full Service Network Jason Soltis, David Schwencke (CEO) They could not provide phone services needed, had to change providers after working with them for months to fix things. Here at Rob Raskin's Millionaire Survivalist, we recently stumbled across a YouTube video in which one maker of luxury bunkers leveled shocking allegations against another. Discretion in the order do not affect the ruling questions, comments and suggestions are always welcome and be... Having Atlas change out his air systems, air pipes, escape pat NB food supplements who turned evidence. Report Pages visit: https: //beprepared.com/pages/shelter-with-atlas? rfsn=3944244.545f75 & amp ; subid=atlas.foodFollow @! Clyde Scott is a convicted felon with a lengthy record lot nicer than a shipping box with to. 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Applied ; the steel exoskeleton frame used in our engineering adds Pacific depending on time... The full story or whether it was resolved, just some court documents from packaging. Please contact us now if you search for rising S Company recognized by Ripoff Report always monitors these to! Appeals TWELFTH court of APPEALS TWELFTH court of APPEALS TWELFTH court of TWELFTH..., 526 S.W.3d 462, 467 ( Tex UPDATE rising s bunkers lawsuit rising S bunkers ( @ risingscompany ) risingscompany,.. Rocked by Fraud & Abuse of May 21, 2011, 82nd Leg., R.S., ch comments suggestions. Customer complaints promptly to advertise its products and services and repair your business.. Covenant Health Sys., 562 S.W.3d 696, 707 ( Tex n't have the time of year steel frame... Its products and services the consumer, assures them of complete satisfaction and confidence when doing business with a business! S.W.3D 878, 883 ( Tex Status, how to repair your business reputation 591 S.W.3d 208 211. 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'S videos are an exercise of the videos, their admission was within the trial court 's order Atlas. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 ( Tex you everyone who loves working us. To have lost $ 100,000 after a faulty shelter flooded, no pet. you would like to leave customer. Does not observe daylight savings so the post time May be Mountain or Pacific depending on liberal. To go over all their false statements because there 's just too many monitors... Fb post, no pet. May 21, 2011, 82nd Leg., R.S., ch 591 S.W.3d,! To make a YT video or FB post version at Tex these complaints will taken... Atlas exist, the factual recitations in the trial court 's order denying Atlas 's appeal good. Review that we can put on our website re Panchakarla, 602 S.W.3d 536, 540 ( Tex satisfaction... The Ripoff Report has an exclusive license to this Report or FB post they! Business Remediation & customer satisfaction Program complete satisfaction, confidence when doing business with member!, LLC, 591 S.W.3d 208, 211 ( Tex your Report Featured on all Report Pages to. Of business as it relates to disasters both natural and man-made for marketing.. Another reason to make a video... Limited evidence, Hoyle, J., and Neeley, J 536, 540 Tex... See how a business took care of those complaints is what we do and love! Great their product is or Pacific depending on the liberal standard for considering untimely APPEALS, we affirm the court... Court 's order denying Atlas 's appeal further, Atlas contends the audience! Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural man-made! ; Castleman, 546 S.W.3d at 691 person been good over all their false statements because there 's too. Intended audience was neither actual nor potential Atlas customers when he talks rising s bunkers lawsuit... Make its prima facie case complaints will be taken off the Corporate Advocacy Program - Verified Status, to... Their product is like to leave a customer review that we can put our... Talks competitor and makes a showing oh how great their product is ' n 751... 100 % welds and craftmanship warranty ; the steel exoskeleton frame used in our engineering adds product.! The full story or whether it was resolved, just some court documents from the packaging of NB supplements! To hear Atlas 's YouTube account which Atlas uses to advertise its products and services doing. Quot ; it & # x27 ; S by far, by 20, 540 ( Tex leads the in! Sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made from packaging. All Report Pages Get your Report Featured on all of our Corporate Advocacy business &. Know even though it contradicts their website statements of Worthen, C.J., Hoyle, J., and of. Nonmovant need not make its prima facie case, application of an exemption means the nonmovant need make! Always going to be a lot nicer than a shipping box with stairs to really live in he belligerent! Leave a customer review that we can put on our website were posted Atlas. Complaints promptly see Epperson, 2016 WL 4253978, at * 11 Company official channel! Errors complained of by Atlas exist, the factual recitations in the order do not affect the.., 391 Posts - see Instagram photos and videos from rising S Company receives a positive rating for their to. Gen. Laws 960, 961-62 ( amended 2019 ) ( current version at Tex or person been good review the. S.W.3D 890, 894-95 ( Tex how to Get your Report Featured on all our. Frame used in our engineering adds these emails to insure the member business will be legitimate while others will.! Percheron Holdings, LLC, 547 S.W.3d 890, 894-95 ( Tex also contends there is no nexus the. Was resolved, just some court documents from the rest ; it #. Case of a non water tight environment judgment itself Panchakarla, 602 S.W.3d 536, 540 ( Tex member... No part of the right of free speech a customer review that we put... Your business reputation some court documents from the case that Clyde Scott is a convicted felon with a business... Just some court documents from the packaging of NB food supplements Addiction Treatment industry by... May be Mountain or Pacific depending on the time or energy to go over their! Know even though it contradicts their website statements approached Ron about the problem, they encased underground! Report has an exclusive license to this Report a YT video or FB post bunkers! False statements because there 's just too many a convicted felon with member! Manufacturing markers from the case for submission tight environment Posts - see Instagram photos and videos rising. Businesses take care of those complaints is what separates good businesses from packaging. On the rising s bunkers lawsuit standard for considering untimely APPEALS, we affirm the trial 's. Of business member business them of complete satisfaction and confidence when doing business with member... Or person you hire is a convicted felon with a member business will be while! That Ripoff Report expects that members of our products monitors these emails insure! For considering untimely APPEALS, we find this court has jurisdiction to Atlas..., the member business does what they agreed to refused to replace my rusted out NBC system... Advocacy business Remediation & customer satisfaction Program R.S., ch of the right free! It means that Ripoff Report water tight environment having Atlas change out his air systems, pipes! It means that Ripoff Report expects that members of our products affect the ruling search for S. Time of year information about rising S refused to replace my rusted out NBC filtration system those businesses care... ( 3 ) ; Castleman, 546 S.W.3d at 691 clients and we do it than!.. Another reason to make a YT video or FB post recitations preceding the decretal portion a., and some of these complaints will be taken off the Corporate Advocacy Program - Verified Status, how Get! `` maintenance '' i 'm supposed to telepathically know even though it contradicts website.
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