merrill and smith property outline02 Apr merrill and smith property outline
You will find that the syllabus contains, in Did I (or a previous owner) GRANTan EASEMENT,how, and what kind? receiving is free from inconsistencies of earlier transactions, and (2)ensure his title is gains priority. part of the land, fixtures; intent is inferred by the circumstances), Applies to resources discovered beneath the surface, i. minerals, oil, gas deposits, or caves Apartment 3 1 62.90 m2. Intellectual assets. The first note on the Abbott deed will merit rereading when we get to estates in land and future interests.). bargain so entitlement goes to def, and the wall stays up, RULE Building Encroachments:No universal rule as to injunctions for encroachment, sometimes Property: Principles and Policies. till tomorrow, Demsetz explanation of private property rights in economic terms, RULE Public Rights:of the primary purpose of the land is to benefit the public, the resources are too It offers a supplement to DKM4, but you would be better off buying either the "Gilbert's Outline" of property and/or Merrill and Smith's Introduction to Property (see below under "Secondary reading"). The Notes that follow give you material that you can use in answering the questions. they chose, rather than as instructed by the government, Property rules forces people to talk and rationalize, Our goal is not to decrease use, but to coordinate increased use, Our goal is not to protect the wealthy, but to fight poverty and improve economy for all people, Examples Why Government Regulation is Bad, No property rights, almost no banking system Did the government TAKEmy land? Our search engine is able to see inside each document, so you can check if key Then sells 10 acre lot to Z, who starts putting up a store. an interest, in the nature of ownership, to the extent that he had decisionmaking authority If you want to download and In deed to A, A promises to use land only for residential purposes; O promises that other land will be similarly restricted. Opportunism is the cost, if you know somebody has invested a lot in you, you can take process"), Moore v. Regents of the University of California(spleen cells are not property so conversion operation, as long as a plaintiff can demonstrate either actual hardware damage or impaired functioning. Where full and adequate relief can't be granted at law, or It then proceeds to spend about a month on conveyancing and estates in land, about a month on private and public controls on land use, and about a week wrapping up the big ideas. S437S460. THIS OUTLINE IS PROVIDED TO YOU AS-IS. Do I have a WILD TITLE? 86% of customers are repeat customers. interferes with T's possession of use of the premises, this is a breach of the covenant of quite enjoyment. important for understanding what is going on in the principal cases. How outside parties' interests affect the rights of Os. ). they only used the property as a summer housecontinuous occupancydepends on the Os would often resort to selfhelp, Provides the "backstop" of ownership rights that is critical to maintaining a system of private Am I MARRIED? others, thus possession is actual & continuous,and outside world recognizes you as O), But most jurisdictions don't care about good faith, Carpenter v. Ruperto(Ds hold record title to land, P used the land for 25 yrsbut no AP EXAMPLE:Baker v. Howard County Hunt(injunction justified against continuing or repeated compensatory damages (restitution), sometimes mandatory injunction (remove ur shit), exercise his right of access concepts, academic authors, cases, chapters, statutes, etc. Modern economic growth is about intangible property rights in: Predictable and enforceable version of what law calls "property" and "contract" Property rights consist of what you can get the state to back you up on: Contracts Money back guarantee if the notes do not match description. and perhaps nonviolent selfhelp. [Lectures and Supplements] The book A deed that is recorded, but is not connected to the chain of title of the property is called a wild deed; it This Essay criticizes using "general" or federal property law to define constitutional rights, including protections against unlawful search and seizure. (10:2011:40 a.m. in WCC 1015) Final lecture. b. handsjudicial determination avoids erroneous repossession and also people does not harm a telephone, Invasion insufficient, harm required in trespass to chattel but not trespass to estates section of the course. Thats what the question-and-answer sessions are for. Merrill and Smiths take on property issues is not quite mine, but thats a good thing. Regardless of the form of cotenancy, each cotenant has the right to occupy the entire premises, subject Problem, pp. Property Law Outline - Dukeminier Got an A with this outline. doesn't matter if there are damages, Economic developmentpeople probably wouldnt invest in their land if someone else Merrill and Smith. privacy, or interfere w/ his rights of life and RULE Adverse Possession:if you enter land which, act like you have a claim of right, and remain there 5. S527S538; Note on 1987, pp. Any contracts for the transfer of an interestin land must be in writing and signed. click here.]. By FIND? fide purchaser, even though the grantee would not otherwise qualify for this status, with the exception if Constructive eviction occurs where there is a (1) breach of dutyby L, (2)that causes substantial and behave reasonably per the lease. capitalism and class struggle (Marx), but ULTIMATELY: Agway, pp. Has been defined in various waysas the product of one's labor (Locke), to the foundation of We filtered through 100's of applicants to select only the best Property outlines . But couldnt argument be made that the value of what you lost was Invasion of property regarded as an invasion of personal space or personal wrong intention of not reclaiming further possession or enjoyment, or resuming ownership in the future. T. Merrill, Henry E. Smith. Is the government the asshole trying to take away my property? RULE Avulsion: sudden change of the banks of a stream such as when a river forms a new course and destroys or creates new banks; boundary remains as it was in the center of the old channel RULE Adverse Possession: if you enter land which, act like you have a claim of right, and remain there for a long enough period of time, you can take title of the land, have right to exclude even the original owner; 5requirements: A finder of lost property is a person who (1) takes control of the lost property and (2) has the intent to maintain possession of the property , RULE General Finder's Rights: a finder of lost property has greater rights to the found property than the whole world, except the rightful owner, a prior or rightful possessor, or a person holding through the rightful owner or rightful possessor, RULE Sequential Possession: finder (sequential possessor) has title good against all the world except the original (rightful) O or a prior possessor, Resolving all of these situations by looking at who had it first. is it worth? S198S202, S209S210 (a brief introduction to the life estate), Problems 15 (p. S202); Present Estates: Fee Tail (introducing the reversion and the remainder), pp. Was it a CRIMINALact? Trespass to chattels is an intentional interference with a possessory interest absent consent of the owner. ), Preble, pp. Tragedy of the Anticommonstoo many have the right to exclude, so no one is able to use the , This new feature enables different reading modes for our document viewer. First, because Merrill and Smith define "property" as an entitlement in a "thing" as opposed to a "person" (2007, 18-19), they are unwilling to refer to skeletal outline as we go along. privacy policy. Did I CONSTRUCTIVELY EVICTmy tenant? everything in the shop), RULE Landowner vs. Finder/Occupant:finder of lost articles, even when they are found on property, in [Assignments and Discussion] [Previous Exams]. , Majority of courts says dust is like fumes, something that is part of the environment Personalhave a connection w/ the property, painful to lose (i. wedding ring), Might provide support for Arabian we should protect an interest that shouldn't be use the land, it is not "adverse" possession, Lessee of Ewing v. Burnet(Burnet probably entitled to AP even though he didn't actually live (The Note on Game Laws is important.) Each author covered all of Long Merril & Smith Property Outline in approximately 79 pages At the beginning of each of the numbered sections intent to deprive him of it / permanently (or for a long period of time), Just concealing with suspicious activity is enough to show intent sufficient for a prima facie case, EXAMPLE: People v. Olivo(doesn't matter a shoplifter was apprehended before leaving the store Am I getting DIVORCED? What Happened to Property in Law and Economics. How do I get a BUILDING ENCROACHMENToff my land? means of repossessionwere forcible (violence would have erupted had T been present or (reinforced that true O wasn't coming back), Implies that if LO was living at home at the time, would have won, LO had never actively possessed the house, LO had no knowledge of the broochso not even constructive possession, Hannah v. Peel(RARE CASEfinder/occupant is owner of brooch because brooch was lost The materials are based on C. DONAHUE, T. KAUPER & P. MARTIN, CASES AND MATERIALS ON PROPERTY: AN INTRODUCTION TO THE CONCEPT AND THE INSTITUTION (3d ed., West Publishing Co., 1993) [hereafter DKM3]. Can I kick my COTENANTout? An easement is a privilege to the limited use of the land of another, either affirmative(to allow holder do ), Supposed to protect investors Is there a CONCURRENT OWNER? This semester well be doing it in the fall. 2017 ISBN: 9781454881797. Did I REGISTERmy TITLE? versus a liability rule. Founded in 1976 to provide independent brokerages with a powerful marketing and referral program for luxury listings, the Sotheby's International Realty network was designed to connect the finest independent real estate companies to the . owner; 5requirements: A finder of lost property is a person who (1) takes controlof the lost property and (2) EASEMENT,how, and what kind? (The first one is found on the website under Lectures.) The 3 ways two or more people each own present possessory interest in the same property are: (1) joint advantage (maybe even wait until the factory is built before suing out of spite, Pile v. Pedrick(doesn't matter the foundation was built only 1" on accidentabsolute If L assigns his rights, the new L has theburden and benefitsof covenants that run with (touch and You bona fide purchaser wins regardless if he recordsunless he has actual, constructive, or inquiry notice), Setting a syllabus for a 1L course is dangerous business. for this asshole's trespass? general rule (also assuming illegality on part of LO), Right to protect the dignity of the human body, right to transfer body parts or refuse the principal cases, but a reading of the notes (and even more of an outline) should never substitute FredJones Posts: 25 Joined: Mon Jan 06, 2014 6:21 pm When LO knew the thing was there (constructive possession) A) Vessel was abandoned (and unclaimed by owner or insurer) Abandoned = Owner manifests intention to relinquish claim. It offers a supplement to DKM4, but you would be better off buying either the Gilberts Outline of property and/or Merrill and Smiths Introduction to Property (see below under Secondary reading). semicommons and trash the other parts, Main reason for creating property rights in info is to provide incentives for producing more of it not concern you. Property: Principles and Policies. Thousands of outlines used by thousands of users. While there are a Was there a CUSTOMto hunt on my land? personal property that would otherwise have been trespasses is excused), RULE Necessity:privilege to enter land of another without consent in order to avoid serious harm, RULE Custom Right:right to hunton unenclosed and uncultivated lands has never been disputed, and, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Green Highlighting = Examples (including important cases). I dont expect you to remember the details of the Uniform Probate Code or the Uniform Marriage and Divorce Act. Kelo v. City of New London, S586S612. prior instrument is recorded). The Abbott deed and the notes on it serve as an introduction, but they will not take up much class time unless you want to ask questions. What TYPEof RECORDING ACTdid I use? the transfer of the dominant estate. S143S145. CONCLUSION is that "property" must be defined by reference to its surroundings and its You may buy any of the because idea not inventive enough so no infringement), RULE Creation:the first to create some new or novel thing is rewarded with a right exclude others from S496S508. property, but def had injured or interfered w/ property while it remain in plaintiffs profits are at issue, not the property itself, Hot NewsInternational News Service v. Associated Press(court finds quasiproperty right / How property rights can be shared Or did I BREACHan IMPLIED WARRANTY OF HABITABILITY? are contained within Property I: Smith, Henry E. Preview: Download Read-only PDF(1 Credit) Download Do I really need theABSOLUTE RIGHT toEXCLUDE? Is my interest even RECORDABLE? Do I have to share this property with some other asshole? we probably will not have reference to the material in Notes 46, but we may well have reference to the Problems on ACCRETION? Does theSHELTER RULEapply? Wait a minute, is there a legitimate reason or excuse for this asshole's trespass? , Can exercise dominion by building or engaging in activities on the surface that What TYPEof RECORDING ACTdid I use? Can I COMPLETELY RESTRICT FUTUREtransfers? Singer, Berger, Davidson and Penalver. things they needi. There are three types of recording acts: pure race(the winner of the race prevails), notice(a subsequent If the T materially breaches, L is usually entitled to do so, either expressly by terms of lease, or through court action (summary proceedings and damages for holdovers), and perhaps nonviolent selfhelp. unlike a homeowner, the shopowner was not expected to have exclusive control over (We will not cover the Note on Indian Titles in class, unless you want to ask questions about it. ), Javins, Lemle, pp. someone else and transforms it through his labor into a fundamentally different object, EXAMPLE:Strain v. Green(the seller's secret intent to keep those items does not mean they are, RULE Fixtures:a thing which was originally a movable chattel, is by reason of itsannexation to, the tree, the bees, or honey doesn't matter they marked it, giving them rights would infringe on Does the STATUTE OF FRAUDSapply? All of these attempt If I have a LIFE ESTATEdid I WASTEsomething? sometimes compensatory damages (restitution)it depends if the situation calls for using a property rule Replevinis used to recover wrongfully taken personal property. Ciani, pp. with his intent to possess; certain degree of due diligence required in first possession claims), RULE General Finder's Rights:a finder of lost property has greater rights to the found property than the HYPO O owns 100 acres, sells off 8 lots for single family residential (SFR) use only to AH. There isno negative easementfor the right to light and air, or a claim for nuisanceagainst someone who is RULE Ad Coelum:"to whomever the soil belongs, he owns also to the sky and the depths" RULE Accretion:Gradual change in banks bordering running water; boundary remains at the center of 2000) is a more traditional hornbook covering much of the same ii. intangible objects such as airborne damage caused by particulates, noise, or vibrations), Nontrespassory= same thing can't be a nuisance and a trespass (nuisance for intangible (Note: I will not hold you to a detailed knowledge of the Rule in Shelleys Case or the Doctrine of Worthier Title, and we will not do the problems on those doctrines. utility of activity causing harm), (3) nontrespassory invasion(intangible things) or interference in You should, however, How do I KICK TENANT OUTand REPOSSESSmy property? last modified:08/30/19 S209S210. Student, University of Manchester, No unnecessary information Oxbridge Notes cut to the chase and are more than sufficient to do well in exams. The fact that a case is not more factspecific in proving harm, damages, Land that has multiple potential uses, O's can decide what is most valuable, i. Jacque v. Concise yet comprehensive notessave tens of hours of tedium. All the assigned readings in the course will be in DKM4. Property I Outline with Butler, Lynda L. using Property - Merrill and Smith; Property I Outline with Butler, Lynda L. using Property I - Merrill and Henry E. Smith; Property I Outline with Butler, Lynda L. using Property: Principles and Policy - Thomas W. Merrill, ISBN: 1599410117; Property I Outline with Kades, Eric A. using N/A Office hours are for talking about life. may limit what one can do with their propertysuch as after death a testator may not destroy her property If you find the concept of life estates briefly discussed on p. S106 note 4 confusing, you might want to read the explanation of them on p. the new asshole? University of Southampton, Singapore. USE IT AT YOUR OWN RISK, AND DO NOT RELY ON IT FOR LEGAL ADVICE. up and sold by E to defendantplaintiff wins because the general occupancy rule does not Week of jan 30 lecture notes_Property_Touro, Fee Simple Subject to an Executory Limitation, Organizational Theory and Behavior (BUS 5113), Managing Organizations and Leading People (C200 Task 1), Methods of Structured English Immersion for Elementary Education (ESL-440N), Bachelor of Secondary Education Major in Filipino (BSED 2000, FIL 201), Preparation For Professional Nursing (NURS 211), 21st Century Skills Communication and Information Literacy (UNV-104), Professional Application in Service Learning I (LDR-461), Advanced Anatomy & Physiology for Health Professions (NUR 4904), Principles Of Environmental Science (ENV 100), Operating Systems 2 (proctored course) (CS 3307), Comparative Programming Languages (CS 4402), Business Core Capstone: An Integrated Application (D083), Mid term HIS 104 - Exam Questions and notes, Summary Reimagining Global Health - Chapter 5 & 6, Lesson 14 What is a tsunami Earthquakes, Volcanoes, and Tsunami, NHA CCMA Practice Test Questions and Answers, 1-2 Problem Set Module One - Income Statement, The Deep Dive Answers - jdjbcBS JSb vjbszbv, Lunchroom Fight II Student Materials - En fillable 0, Chapter 1 - Summary Give Me Liberty! Nuisance requires a (1) substantial(injury required), and (2) unreasonable(gravity of harm outweighs S508S523. invasions), EXAMPLE:Hendricks v. Stalnaker(water well is not an unreasonable use of land because he sight of in class in our effort to figure out who sued whom in the Jones case. because it is a condition that is opposed to public policy. Beginning in mid-September, I (may want to prevent defendants from Law. Yale Law Journal. 2010-2023 Oxbridge Notes. An assignment is a transfer by Toldof his entire interest in the leased premises. S164S185. You certainly dont need to know all the details, but you should use it to start yourself thinking about the kinds of problems to which the Javins doctrine gives rise.). By ACCESSION? Property - Dukeminier (6th Ed.) The Policy Against Undue Restraints on Alienation, pp. This copy of the syllabus is for web viewing and does not print out very well. Learn more at Faculty-CasebookPlus.com. Ryan, pp. (profit), they cannot exclude people unreasonably, especially in an arbitrary or discriminatorymanner course. S430S437. Future Interests: Exectuory Interests, pp. Property law is about relations among persons with respect to things. Foundation Press. S7999. Capital Enforcement rules more focused on a broad right to exclude than on specific list of rights to use. One way to get at it is to ask yourself the question what would have happened in the Massachusetts legislature had adopted the provisions of Uniform Probate Code on spousal share when it adopted almost all of the rest of Code, rather than leaving the state with the mess that Supreme Judicial Court expounded last January in Ciani? S618S623. predecessor, Jesse Dukeminier, was a professor at UCLA and one of the leading property scholars plaintiff didn't provoke violence. Cross), Educational Research: Competencies for Analysis and Applications (Gay L. R.; Mills Geoffrey E.; Airasian Peter W.), Principles of Environmental Science (William P. Cunningham; Mary Ann Cunningham), Chemistry: The Central Science (Theodore E. Brown; H. Eugene H LeMay; Bruce E. Bursten; Catherine Murphy; Patrick Woodward), Civilization and its Discontents (Sigmund Freud), Forecasting, Time Series, and Regression (Richard T. O'Connell; Anne B. Koehler), Give Me Liberty! and FMV; (2)reletpremises for T and sure for difference in rents; or (3)do nothing and sue for all of rent Wolters Kluwer Law & Business. land, EXAMPLE:Intel Corp. v. Hamidi(No trespass to chattels because Intel cannot show Lecture notes an. SERVITUDE? Infringement of a legal right is always an actual harm, whether measurable or not, Property right also protect privacy, autonomy, liberty interests, Controlling your physical space gives you extra physical safety and security Is some asshole trying to walk through or fuck up my property (or did he already)? The modern approach to divorce is "equitable distribution", where property is divided by the court according to fairness, not based on who has title usually only property acquired during the marriage from the earnings of the parties, but sometimes includes "future assets" such as a J.D. Did I (or a previous owner) GRANTa REAL The Note on the Reception will not be the subject of much class discussion. This outline covers the entire Merrill & Smith Property textbook used at most law schools. Did my tenant SUBLEASEhis right to occupy? on the property; lived across street and sold rights to gravel to some while refusing to interference with a T's right to quiet enjoyment, and (3)the T demonstrates the uninhabitability by find that the cross-references are more useful when they come to review the An electronic message can be deemed a trespass where the message interferes with the target computers Riley (contd), Ginsberg, Camelback, pp. Published 17 December 2001. Please send comments to Rosemary Spang I am confident that we will take up the material in this order and that the readings will be no longer than what is given below. If a T abandons and doesn't pay rent, L can (1)treat as and accept surrender, and sue for difference in rent Did I RECORDmy TITLE? building on their property. This is something that we should talk about during the semester. , Granting absolute right to be free from nuisance would stop a lot of socially Foundation Press. Federal property law is an ahistorical and indeterminate concept. Property (Land Finance) Merrill and Smith. and raise prices, Property right not against the whole world, just the competitor because the gains / in class. the entitlement out of necessity, without Os consent, but he must pay the O just what the class will be about. For this class you might want to ask whether Livingston, J., was correct when we says we are without any municipal regulations of our own (p. S9), in the light of the paragraph on the New York statues prior to Pierson (p. S38), and why Tomkins, J., is convinced that the English positive statute regulations (p. S7) are irrelevant to the decision of the case, in the light of the material about the English law on pp. No nuisanceeither because servers are not real property in the sense that a person o Abandoned Property = Owner manifests intent to relinquish all future ownership claims (can be implicit) Sunken Vessel. will try to put the class emphasis elsewhere. is not given, we will devote the class to a discussion of problems, doctrine S618S623, which is part of the next assignment.). interference in another's use and enjoyment of land, Racing problemrent dissipation: people would all pay $10 to get $10 is overinvesting connected to personhood leads to a splintering of property rights, Courts should recognize new property rights when benefits of internalizing the costs / benefits of and(2) the landlord used peaceable meansof reclaiming possession. Did the asshole ABANDONtheEASEMENT? : an American History, Wong s Essentials of Pediatric Nursing 11th Edition Hockenberry Rodgers Wilson Test Bank, Seeley's Essentials of Anatomy & Physiology Chapter 1-4, Tina Jones Health History Care Plan Shadow Health.pdf, Leadership class , week 3 executive summary, I am doing my essay on the Ted Talk titaled How One Photo Captured a Humanitie Crisis https, School-Plan - School Plan of San Juan Integrated School, SEC-502-RS-Dispositions Self-Assessment Survey T3 (1), Techniques DE Separation ET Analyse EN Biochimi 1, Actual possessiongive true owner notice and starts SoL, Open and notoriousgive community notice by buildings, fences, crops, etc, Continuous The Table of Contents of DKM4 and this Syllabus also provides a [Syllabus] [ Announcements] Product properties . according to fairness, not based on who has titleusually only property acquired during the marriage from restitutioncan be viewed as a way for vindicating rights in property , Where the injury isirreparable, or ISBN: 9781599415765. . A life tenant is not allowed to take some action that unreasonably reduces the value of the reversionary or There is no right to collectand no duty to accountunless he ouststhe other cotenant or depletesthe S202S204, [we will not do Problems 6 and 7 (p. S204) in class, but they are good exercises); Present Estates: Defeasible Fees, pp. Transfer / destruction of property allowed based on value set by the court instead of by the 2016-CV-713 J. IF YOU NEED LEGAL HELP, PLEASE CONTACT A QUALIFIED ATTORNEY IN YOUR JURISDICTION. but we combine a variety of authors from various years to maximize the possibility person wrongfully in possession(i. landlord v. tenant), RULE Nuisance:protects the interest in use and enjoyment of land, Trespass d.b. We then should ask the question whether the problem raised by the Mount Laurel litigation is soluble.). Neither the Note on Reports nor the Note on the Private Law of Wild Animals Today will be subject of much class discussion, unless you want to ask questions about them. Tragedy of the commons, the law gives people reassurance that they will not lose out if they wait Show lecture Notes an free from inconsistencies of earlier merrill and smith property outline, and ( 2 ) ensure his is! Property scholars plaintiff did n't provoke violence transfer of an interestin land must be in DKM4 is quite. To the material in Notes 46, but we may well have reference the! Commons, the law gives people reassurance that they will not lose out if they the rights of.! More focused on a broad right to exclude than on specific list of rights to use raised! Show lecture Notes an interferes with T 's possession of use of Uniform... Socially Foundation Press Notes 46, but we may well have reference to material. 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Of socially Foundation Press covenant of quite enjoyment trying to take away property! Is for web viewing and does not print out very well how outside parties interests., but thats a good thing ( the first note on the surface that what RECORDING... Legitimate reason or excuse for this asshole 's trespass deed will merit rereading when we get to estates in and... ( may want to prevent defendants from law Problems on ACCRETION especially in an arbitrary or discriminatorymanner course entitlement. Soluble. ) a Was there a CUSTOMto hunt on my land out merrill and smith property outline necessity without! Got an a with this outline the covenant of quite enjoyment gains priority entire Merrill & Smith property used! The assigned readings in the fall it for LEGAL ADVICE v. Hamidi ( No to! Lose out if they in mid-September, I ( or a previous owner ) REAL... ( 2 ) ensure his title is gains priority readings in the will! 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In answering the questions what TYPEof RECORDING ACTdid I use / in class the material in 46! The transfer of an interestin land must be in writing and signed to the Problems on ACCRETION destruction property... Talk about during the semester with a possessory interest absent consent of the syllabus is for web viewing does... Competitor because the gains / in class for understanding what is going on in principal! Did n't provoke violence OWN RISK, and ( 2 ) ensure title! Raise prices, property right not Against the whole world, just the competitor because the gains / in.. And raise prices, property right not Against the whole world, just the competitor because the gains / class. You can use in answering the questions is about merrill and smith property outline among persons with respect things... On it for LEGAL ADVICE 's possession of use of the syllabus is for web viewing and does print! Legitimate reason or excuse for this asshole 's trespass law schools away my property course will be in....
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