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	<title>Comments on: Caution: 9th Circuit Court of Appeals at work</title>
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	<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/</link>
	<description>news and commentary from a conservative perspective</description>
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		<title>By: Blogs For Victory &#187; Borderline Outrage</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-629683</link>
		<dc:creator>Blogs For Victory &#187; Borderline Outrage</dc:creator>
		<pubDate>Sun, 22 Feb 2009 00:58:11 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-629683</guid>
		<description>[...] With the &#8220;9th Circus&#8221; hearing that case, I wouldn&#8217;t be so certain of that.. [...]</description>
		<content:encoded><![CDATA[<p>[...] With the &#8220;9th Circus&#8221; hearing that case, I wouldn&#8217;t be so certain of that.. [...]</p>
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		<title>By: martin.musculus</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-354446</link>
		<dc:creator>martin.musculus</dc:creator>
		<pubDate>Thu, 19 Jun 2008 18:13:23 +0000</pubDate>
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		<description>rrrrrr, PDA &amp; fumble-fingr arthitis srtike again..

really eligible = *not* really eligible...

--  musculus</description>
		<content:encoded><![CDATA[<p>rrrrrr, PDA &amp; fumble-fingr arthitis srtike again..</p>
<p>really eligible = *not* really eligible&#8230;</p>
<p>&#8211;  musculus</p>
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		<title>By: martin.musculus</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-354441</link>
		<dc:creator>martin.musculus</dc:creator>
		<pubDate>Thu, 19 Jun 2008 18:09:28 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-354441</guid>
		<description>&lt;blockquote&gt;
#70
On June 19th, 2008 at 12:37 pm, &lt;b&gt;atheling&lt;/b&gt; said:&lt;/blockquote&gt;

Thanks for the compliment, (although I&#039;m really eligible, as I&#039;ve never been in as an Enlisted... you know, those guys paygrade E## or even E-O##...
&lt;i&gt;
(Atleast you&#039;re *finally* using the slang somewhat correctly  --  you&#039;ve dropped the &quot;-head&quot; part.  You&#039;re able to learn... there may be hope for you yet!   :grin:  )&lt;/i&gt;

Oh, well.  Like everything else, wishing something wasn&#039;t so won&#039;t cause a change in the fact.

It is illegal to fabricate a SS#.  Would you happen to know if there is such a recourse here?

Although, even if the issuing agency violated the law, and it was determined that the government would *allow* a suit, (since you cant sue the gov. w/o its permission...), I haven&#039;t the foggiest how you&#039;d get them to grant you or I standing... in their minds we aren&#039;t a &quot;directly involved party&quot;, which is what I think standing requires.

Maybe as a class-action, as a holder of a valid SS#, we could claim that issuing phony ones devalue our #&#039;s utility.

Any lawyers out there have an opinion?

--  martin.musculus</description>
		<content:encoded><![CDATA[<blockquote><p>
#70<br />
On June 19th, 2008 at 12:37 pm, <b>atheling</b> said:</p></blockquote>
<p>Thanks for the compliment, (although I&#8217;m really eligible, as I&#8217;ve never been in as an Enlisted&#8230; you know, those guys paygrade E## or even E-O##&#8230;<br />
<i><br />
(Atleast you&#8217;re *finally* using the slang somewhat correctly  &#8212;  you&#8217;ve dropped the &#8220;-head&#8221; part.  You&#8217;re able to learn&#8230; there may be hope for you yet!   <img src='http://s.michellemalkin.com/wp/wp-content/themes/mm/smilies/icon_biggrin.gif' alt=':grin:' class='wp-smiley' />   )</i></p>
<p>Oh, well.  Like everything else, wishing something wasn&#8217;t so won&#8217;t cause a change in the fact.</p>
<p>It is illegal to fabricate a SS#.  Would you happen to know if there is such a recourse here?</p>
<p>Although, even if the issuing agency violated the law, and it was determined that the government would *allow* a suit, (since you cant sue the gov. w/o its permission&#8230;), I haven&#8217;t the foggiest how you&#8217;d get them to grant you or I standing&#8230; in their minds we aren&#8217;t a &#8220;directly involved party&#8221;, which is what I think standing requires.</p>
<p>Maybe as a class-action, as a holder of a valid SS#, we could claim that issuing phony ones devalue our #&#8217;s utility.</p>
<p>Any lawyers out there have an opinion?</p>
<p>&#8211;  martin.musculus</p>
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		<title>By: atheling</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-354311</link>
		<dc:creator>atheling</dc:creator>
		<pubDate>Thu, 19 Jun 2008 16:37:21 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-354311</guid>
		<description>Sorry, puke, but it&#039;s true.

&lt;strong&gt;The phoney SSNs were provided by the FEDS.&lt;/strong&gt;

When the applications from the illegals came in, with no SSN listed and no copy of the SS card provided as required, she was given a print out of government-issued SSNs to fill in the blanks on their applications.</description>
		<content:encoded><![CDATA[<p>Sorry, puke, but it&#8217;s true.</p>
<p><strong>The phoney SSNs were provided by the FEDS.</strong></p>
<p>When the applications from the illegals came in, with no SSN listed and no copy of the SS card provided as required, she was given a print out of government-issued SSNs to fill in the blanks on their applications.</p>
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		<title>By: martin.musculus</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-354298</link>
		<dc:creator>martin.musculus</dc:creator>
		<pubDate>Thu, 19 Jun 2008 16:26:13 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-354298</guid>
		<description>&lt;blockquote&gt;
#53
On June 18th, 2008 at 3:52 pm, &lt;b&gt;atheling&lt;/b&gt; said: 
&lt;/blockquote&gt;

I *really* &lt;b&gt;don&#039;t&lt;/b&gt; want to believe you&#039;re correct...

&lt;b&gt;...but&lt;/b&gt; the mounting evidence on the attitude of the federal government&#039;s illegal alien &quot;safety-net&quot; forces me to believe.

I *really* would rather not.

BTW:
Whoever suggested posting the judges&#039; SS#, you could be sure, if you did, that he11 would descend on you from a great hieght.

--  martin.musculus</description>
		<content:encoded><![CDATA[<blockquote><p>
#53<br />
On June 18th, 2008 at 3:52 pm, <b>atheling</b> said:
</p></blockquote>
<p>I *really* <b>don&#8217;t</b> want to believe you&#8217;re correct&#8230;</p>
<p><b>&#8230;but</b> the mounting evidence on the attitude of the federal government&#8217;s illegal alien &#8220;safety-net&#8221; forces me to believe.</p>
<p>I *really* would rather not.</p>
<p>BTW:<br />
Whoever suggested posting the judges&#8217; SS#, you could be sure, if you did, that he11 would descend on you from a great hieght.</p>
<p>&#8211;  martin.musculus</p>
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		<title>By: ct davis</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-354192</link>
		<dc:creator>ct davis</dc:creator>
		<pubDate>Thu, 19 Jun 2008 14:52:05 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-354192</guid>
		<description>graysonret..

You hit the nail on the head.  It&#039;s all about &quot;trucking in the voters&quot;.  Huey Long would be proud..</description>
		<content:encoded><![CDATA[<p>graysonret..</p>
<p>You hit the nail on the head.  It&#8217;s all about &#8220;trucking in the voters&#8221;.  Huey Long would be proud..</p>
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		<title>By: graysonret</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-353993</link>
		<dc:creator>graysonret</dc:creator>
		<pubDate>Thu, 19 Jun 2008 10:10:07 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-353993</guid>
		<description>Good grief.  Why don&#039;t we just end the farce, and disband the Border Patrol and open the borders?  The courts and politicians are trying to do it a little at a time, extending the agony for us that support strong borders.  Use the money saved to open &quot;welcome centers&quot; for the mass influx of people sure to come. Make sure, though, that only the Left mans the centers.  Got to get these new people signed up right away for the elections. It&#039;s all coming to that.</description>
		<content:encoded><![CDATA[<p>Good grief.  Why don&#8217;t we just end the farce, and disband the Border Patrol and open the borders?  The courts and politicians are trying to do it a little at a time, extending the agony for us that support strong borders.  Use the money saved to open &#8220;welcome centers&#8221; for the mass influx of people sure to come. Make sure, though, that only the Left mans the centers.  Got to get these new people signed up right away for the elections. It&#8217;s all coming to that.</p>
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		<title>By: CO2 Producer</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-353888</link>
		<dc:creator>CO2 Producer</dc:creator>
		<pubDate>Thu, 19 Jun 2008 02:01:38 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-353888</guid>
		<description>I read much of the 24-page &lt;a href=&quot;http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FBBF4D1866EEE2E28825746A004EA536/$file/0656662.pdf?openelement&quot; rel=&quot;nofollow&quot;&gt;opinion&lt;/a&gt; regarding this case, and it seems that the case hinged on the fact that Aramark (the employer) could not establish &quot;constructive knowledge&quot; that the employees in question were illegal aliens. The &quot;no match&quot; letters provided by the SSA to Aramark were not enough evidence that the employees were ineligible to work in the US.

How does one acquire enough &quot;constructive knowledge?&quot; &lt;a href=&quot;http://www.usdoj.gov/crt/osc/htm/facts.htm#verify&quot; rel=&quot;nofollow&quot;&gt;By requiring your new hire to fill out an I-9 form and attaching the proper document(s) that prove one&#039;s identity and eligibility to work in the U.S.&lt;/a&gt; One of the documents allowed for identification is a Social Security card. &lt;a href=&quot;http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d6f988e60a405110VgnVCM1000004718190aRCRD&amp;vgnextchannel=d6f988e60a405110VgnVCM1000004718190aRCRD&quot; rel=&quot;nofollow&quot;&gt;E-Verify&lt;/a&gt;, which utilizes DHS and SSA resources, is an optional tool employers can use in addition to the I-9.

The I-9 form has a space for your Social Security number. My view: if you have no SSN, be honest and enter &quot;n/a&quot; in the space. However, companies have the right to refuse employment to those who don&#039;t provide an SSN; hence the reason why illegal aliens put in a number that doesn&#039;t belong to them. Above the space for your signature, it reads in bold: &quot;I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form.&quot;

Employers are required to verify employment authorization (i.e., identity and employment eligibility), but the documents that a new hire provides only have to be visually acceptable. If an employer thinks that the documents are fake but are later found to be genuine, the employer may face discrimination issues.

The I-9 also states that employers cannot specify which documents are acceptable. Aramark seems to have specified that they wanted to see a Social Security card or verification of Social Security renewal. It was argued that Aramark also didn&#039;t give its employees enough time to get the required document(s).

When the SSN&#039;s came up as &quot;no match,&quot; it drew a red flag; but since a potential employee is innocent until proven guilty of being an illegal alien, Aramark lost its battle. It&#039;s interesting that the conclusion of the court opinion mentions that &quot;it seems reasonable to suspect that some of the fired workers were undocumented.&quot; It seemed reasonable, but it wasn&#039;t enough to convince the court that there was enough constructive knowledge.

It is certainly reasonable for a company to cover its rear end if the DHS tries to bust the company in the future for knowingly employing illegal immigrants. Suspecting that an employee is illegal isn&#039;t enough, though.

Will anyone follow up on the allegedly invalid SSN&#039;s?</description>
		<content:encoded><![CDATA[<p>I read much of the 24-page <a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FBBF4D1866EEE2E28825746A004EA536/$file/0656662.pdf?openelement" rel="nofollow">opinion</a> regarding this case, and it seems that the case hinged on the fact that Aramark (the employer) could not establish &#8220;constructive knowledge&#8221; that the employees in question were illegal aliens. The &#8220;no match&#8221; letters provided by the SSA to Aramark were not enough evidence that the employees were ineligible to work in the US.</p>
<p>How does one acquire enough &#8220;constructive knowledge?&#8221; <a href="http://www.usdoj.gov/crt/osc/htm/facts.htm#verify" rel="nofollow">By requiring your new hire to fill out an I-9 form and attaching the proper document(s) that prove one&#8217;s identity and eligibility to work in the U.S.</a> One of the documents allowed for identification is a Social Security card. <a href="http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d6f988e60a405110VgnVCM1000004718190aRCRD&amp;vgnextchannel=d6f988e60a405110VgnVCM1000004718190aRCRD" rel="nofollow">E-Verify</a>, which utilizes DHS and SSA resources, is an optional tool employers can use in addition to the I-9.</p>
<p>The I-9 form has a space for your Social Security number. My view: if you have no SSN, be honest and enter &#8220;n/a&#8221; in the space. However, companies have the right to refuse employment to those who don&#8217;t provide an SSN; hence the reason why illegal aliens put in a number that doesn&#8217;t belong to them. Above the space for your signature, it reads in bold: &#8220;I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form.&#8221;</p>
<p>Employers are required to verify employment authorization (i.e., identity and employment eligibility), but the documents that a new hire provides only have to be visually acceptable. If an employer thinks that the documents are fake but are later found to be genuine, the employer may face discrimination issues.</p>
<p>The I-9 also states that employers cannot specify which documents are acceptable. Aramark seems to have specified that they wanted to see a Social Security card or verification of Social Security renewal. It was argued that Aramark also didn&#8217;t give its employees enough time to get the required document(s).</p>
<p>When the SSN&#8217;s came up as &#8220;no match,&#8221; it drew a red flag; but since a potential employee is innocent until proven guilty of being an illegal alien, Aramark lost its battle. It&#8217;s interesting that the conclusion of the court opinion mentions that &#8220;it seems reasonable to suspect that some of the fired workers were undocumented.&#8221; It seemed reasonable, but it wasn&#8217;t enough to convince the court that there was enough constructive knowledge.</p>
<p>It is certainly reasonable for a company to cover its rear end if the DHS tries to bust the company in the future for knowingly employing illegal immigrants. Suspecting that an employee is illegal isn&#8217;t enough, though.</p>
<p>Will anyone follow up on the allegedly invalid SSN&#8217;s?</p>
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		<title>By: LC</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-353885</link>
		<dc:creator>LC</dc:creator>
		<pubDate>Thu, 19 Jun 2008 01:57:54 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-353885</guid>
		<description>&lt;blockquote&gt;If this isn’t government tyranny, nothing is. Did our founding fathers have a solution to a tyrannical government?&lt;/blockquote&gt;

Absolutely.  I think you know what it is (was?) just as well as we do.  The left is fighting tooth and nail to take care of that small speed bump as well on their way to transforming American into a completely socialist society.</description>
		<content:encoded><![CDATA[<blockquote><p>If this isn’t government tyranny, nothing is. Did our founding fathers have a solution to a tyrannical government?</p></blockquote>
<p>Absolutely.  I think you know what it is (was?) just as well as we do.  The left is fighting tooth and nail to take care of that small speed bump as well on their way to transforming American into a completely socialist society.</p>
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		<title>By: LC</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-353882</link>
		<dc:creator>LC</dc:creator>
		<pubDate>Thu, 19 Jun 2008 01:55:35 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-353882</guid>
		<description>I&#039;ll hopefully be taking a new job in CA soon.  I think I&#039;ll just &quot;accidentally&quot; put down the wrong SSN and then claim about 20 deductions (for both state and Federal tax purposes).  That should take care of my pesky &quot;tax problem&quot; I&#039;ve been meaning to deal with all these years.  Can you say &quot;loophole?&quot;</description>
		<content:encoded><![CDATA[<p>I&#8217;ll hopefully be taking a new job in CA soon.  I think I&#8217;ll just &#8220;accidentally&#8221; put down the wrong SSN and then claim about 20 deductions (for both state and Federal tax purposes).  That should take care of my pesky &#8220;tax problem&#8221; I&#8217;ve been meaning to deal with all these years.  Can you say &#8220;loophole?&#8221;</p>
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		<title>By: almeehan</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-353872</link>
		<dc:creator>almeehan</dc:creator>
		<pubDate>Thu, 19 Jun 2008 01:49:51 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-353872</guid>
		<description>If this isn&#039;t government tyranny, nothing is.  Did our founding fathers have a solution to a tyrannical government?</description>
		<content:encoded><![CDATA[<p>If this isn&#8217;t government tyranny, nothing is.  Did our founding fathers have a solution to a tyrannical government?</p>
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		<title>By: zorro</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-353854</link>
		<dc:creator>zorro</dc:creator>
		<pubDate>Thu, 19 Jun 2008 01:26:21 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-353854</guid>
		<description>Great point Papa Louie.  Of course that argument might cause heads to explode at the 9th Circuit.</description>
		<content:encoded><![CDATA[<p>Great point Papa Louie.  Of course that argument might cause heads to explode at the 9th Circuit.</p>
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		<title>By: Dandapani</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-353789</link>
		<dc:creator>Dandapani</dc:creator>
		<pubDate>Thu, 19 Jun 2008 00:23:32 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-353789</guid>
		<description>Kommiefornia -- stick a fork in&#039;r, she&#039;s done.</description>
		<content:encoded><![CDATA[<p>Kommiefornia &#8212; stick a fork in&#8217;r, she&#8217;s done.</p>
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		<title>By: Papa Louie</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-353767</link>
		<dc:creator>Papa Louie</dc:creator>
		<pubDate>Wed, 18 Jun 2008 23:56:14 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-353767</guid>
		<description>I wonder what would happen if unborn children were provided with fake Social Security numbers.  Would the 9th circus make it illegal to &lt;strike&gt;fire&lt;/strike&gt; abort them without cause?  I mean, if you don&#039;t have to be born here to get constitutional rights, why shouldn&#039;t unborn children get them too?</description>
		<content:encoded><![CDATA[<p>I wonder what would happen if unborn children were provided with fake Social Security numbers.  Would the 9th circus make it illegal to <strike>fire</strike> abort them without cause?  I mean, if you don&#8217;t have to be born here to get constitutional rights, why shouldn&#8217;t unborn children get them too?</p>
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		<title>By: Speakup</title>
		<link>http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/comment-page-1/#comment-353726</link>
		<dc:creator>Speakup</dc:creator>
		<pubDate>Wed, 18 Jun 2008 22:51:49 +0000</pubDate>
		<guid isPermaLink="false">http://michellemalkin.com/2008/06/18/caution-9th-circuit-court-of-appeals-at-work/#comment-353726</guid>
		<description>Who&#039;s country is this anyway?

Obviously if you&#039;re an American citizen, &lt;em&gt;not you&lt;/em&gt;!

We might want to change that.</description>
		<content:encoded><![CDATA[<p>Who&#8217;s country is this anyway?</p>
<p>Obviously if you&#8217;re an American citizen, <em>not you</em>!</p>
<p>We might want to change that.</p>
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