December 28, 2008

December 28, 2008

I am saddened to report  that Mary Sue passed on December 25, 2208.  Please remember Arnie and family this week.  Arrangements are detailed below. Mary Sue had been a leader in EMLF,  served as past president and  participated in the activities of the Foundation until recently.  We will miss her greatly. ~ Maureen Carman

Mary Sue Schulberg, 49, of Teays Valley, WV, formerly of Bridgeport, WV and Pittsburgh, PA, died on Thursday, December 25, at Hubbard Hospice House following a long and courageous battle with cancer.

She was born October 20, 1959 in Clarksburg, to Lloyd and Sara Weekley of Bridgeport. She was the sister of David and Linda Weekley of South Charleston, Dan and Leslie Weekley of South Glastonbury, Connecticut, and Martha Weekley of Winfield. Her grandparents were Mabel and Ben Hardman and Edna and Arnold Weekley, all of Middlebourne.

Mary Sue was a 1980 graduate of West Virginia University and received her Juris Doctor degree from WVU School of Law in 1983. She was admitted to the practice of law in West Virginia and Pennsylvania. She was a well respected oil and gas lawyer. Most recently she was a Senior Attorney in the Legal Department for NiSource Corporate Services Company. Mary Sue was actively involved in the Energy & Mineral Law Foundation as a trustee and was its immediate past president.

She loved to travel, particularly to the island of St. Maarten, to scuba dive and she was an avid reader. In recent years she had become a fan of the Pittsburgh Steelers.

Mary Sue is survived by her loving husband, Arnold Schulberg, and her two beautiful children, Alec, 18, and Dinah, 15; by her parents, siblings, nephews and extended family, and by her in-laws who adored her.

The family would like to thank Dr. Ahmed Khalid, the staff of 5 South at CAMC Memorial, and everyone at Hubbard Hospice House for their efforts on Mary Sue’s behalf during her lengthy fight.

In lieu of flowers the family suggests contributions to the Mary Sue Schulberg Scholarship at Energy & Mineral Law Foundation, 340 South Broadway, Suite 101, Lexington, Kentucky 40508 or the American Cancer Society.

A memorial service to celebrate Mary Sue’s life will be held at 7 p.m. on Monday, January 5, 2009 at Barlow-Bonsall Funeral Home, 1118 Virginia Street, East, Charleston, WV 25301. Visitation will begin at 6 p.m.

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Katapult MarketingDecember 28, 2008
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December 22, 2008

EMLF Winter Workshops Hotel Cutoff Date – January 3, 2009
If you’re attending the Winter Workshops, remember to call the Pink Shell Beach Resort & Spa in Fort Myers Beach at 800.237.5786  and ask for the special EMLF rate. Available only for reservations made by January 3. 

Winter Workshops Early Registration Discount Ends January 5
Registration fees for the Winter Workshops on Energy and Labor Law, February 5-7, 2009 will increase by $100 on January 6.  Take advantage of the early bird discount and register before the fee increase.  The program contains 14 -16 hours of CLE  credits, including 1 hour of ethics and is accredited in approximately 20 states.  Complete program schedule and downloadable brochure and online registration is available online.

EMLF Law Student Scholarships
Members are invited to contribute to the EMLF scholarship fund, which provides financial assistance to law students attending EMLF members schools.  Since the inception of the program, over $300,000 in scholarship assistance has been provided.  Contributions in any amount are welcome.  Donations to the EMLF, a 501(c)(3) tax exempt educational organization, are fully tax deductible.

Individuals and firms are invited to consider contributing a one-time scholarship in the minimum amount of $1000, which will carry the name of the donor.  The EMLF funds $20,000 in scholarships each year, and individual or corporate donations will boost the amount of available scholarships.  To date, for the 2009-2010 academic year, the following scholarships have been donated:  the Wyatt, Tarrant & Combs Scholarship, $1000;  the Mary Sue Schulberg Scholarship, $1000; and the Jan and Chester Keeton Scholarship, $5000.

EMLF’s 30th Annual Institute
Save the date and make plans to join EMLF members and colleagues at Hilton Head Island on May 16-19, 2009 at the Hilton Oceanfront Resort; call 1-800-Hiltons (1-800-445-8667) and ask for the EMLF rate. 

EMLF Holiday Schedule
The EMLF office will be closed December 24-26 and at noon on December 31, and will  reopen January 2.

Best wishes for a wonderful Holiday Season.  
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Katapult MarketingDecember 22, 2008
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December 12, 2008

Winter Workshops on Energy and Labor Law, February 5-7, 2009
With a new Administration set to occupy the White House and a global financial crisis requiring constant attention, what changes are ahead for the mineral and energy sector?  Can emerging technologies balance national energy security and environmental concerns?  As major industries falter, what changes in the country’s labor laws can we expect?

We invite you to register for the EMLF Winter Workshops, and join us for an opportunity to discuss these important issues. Program contains 14-16 hours of CLE  credits, including 1 hour of ethics.  Complete program schedule and downloadable brochure and online registration now available at www.emlf.org.

Call the Pink Shell Beach Resort & Spa in Fort Myers Beach, FL, at 800.237.5786  and ask for the special EMLF rate. Available only for reservations made by January 3.  The Pink Shell is a beachfront condo resort on the Gulf of Mexico, with screened balconies facing the Gulf.

EMLF News Update – December 2008
The latest issue of the EMLF Update, prepared by Troy Nichols and Justin Ross of Wyatt, Tarrant & Combs, LLP, Lexington, Kentucky is now available on the EMLF website.


Carbon Capture and Storage Article on What’s New? Page
Now available on the EMLF website is the chapter written by Professor Bill Jeffery,Texas Tech University School of Law, to be published by the Foundation in early 2009.  The chapter is in PDF format and can be downloaded from the website, providing an excellent framework for discussion of the legal and regulatory issues  associated with carbon capture and storage.

EMLF’s 30th Annual Institute

Save the date and make plans to join EMLF members and colleagues at Hilton Head Island on May 16-19 at the Hilton Oceanfront Resort (call 1-800-Hiltons and ask for the EMLF rate).   A great educational program is being put together by Program Chair Steve Allen, Stites & Harbison; Coal Chair Kirsten Nathanson, Crowell & Moring; and Oil and Gas Chair  Sandy Fraley at EnerVest Operating.   Social events include a Past President’s reception, golf outing, and Beachfront welcome reception and dinner with entertainment by The Corduroy Road of Athens, GA.  

EMLF Holiday Schedule
The EMLF office will close December 24-26 and again at noon on December 31 and reopen January 2. Best wishes for the Holiday Season from the EMLF Staff, Carolyn Barret May and Sharon Daniels.

Katapult MarketingDecember 12, 2008
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October 15, 2008

New Feature Added to EMLF Website
Young lawyers at EMLF Member law firms are providing a new service to EMLF website users, providing a compilation of noteworthy cases from state and federal courts, proposed rules from regulatory agencies, and other articles of interest.

The webpage content, now located at www.emlf.org , was provided by Troy Nichols and Justin Ross of Wyatt, Tarrant & Combs in Lexington, KY.

Wyatt’s young lawyers will provide content for three months, and then reporting responsibilities will rotate on a quarterly basis to another EMLF law firm.

Thanks to Troy Nichols and Justin Ross for getting this project off to a good start!

33rd Kentucky Mineral Law Conference Registration Sells Out
With 377 people registered for the October 16-17 Mineral Law Conference in Lexington, this annual conference is breaking all attendance records.  Several people are still on a wait list in the event of cancellations.  We CANNOT accommodate the customary walk-in registrations from local attorneys and landmen, so if you do not have a confirmed registration for the program, you will not be able to attend this year.  The 33rd Mineral Law Conference handbook will be available for sale after the conference for $100.

Topics Needed for 30th Annual Institute at Hilton Head Island
The 30th Annual Institute will be May 17-19, 2009 at the Hilton Oceanfront Resort at Hilton Head Island, SC.  Program Chair is Steve Allen, Stites & Harbison, Lexington, KY; Sandy Fraley, EnerVest Operating, Charleston, WV, is Oil & Gas Chair; and Kirsten Nathanson, Crowell & Moring, Washington, DC, is Coal Chair.

We encourage you to submit suggestions for topics covering any area of energy development, oil & gas, coal mining, electric power,  environmental, landmen, or renewable energy law.  Please submit these to Sharon Daniels  later than Friday, November 7, accompanied by descriptive paragraphs and suggestions for speakers who can make scholarly and balanced presentations AND write a publishable chapter for volume 30 of the Energy & Mineral Law Institute.

The EMLF Executive Committee meets in Lexington on November 13 to select topics and speakers.

Social activities planned for the 30th Annual Institute include a Sunday golf outing, Sunday night Oceanfront reception and dinner, Monday night reception and Dine-around at selected Hilton Head Island restaurants.

Katapult MarketingOctober 15, 2008
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July 17, 2008

Clean Air Interstate Rule (CAIR) Vacated
Today the U.S. District Court of Appeals for the District of Columbia Circuit vacated the CAIR program and the associated Federal Implementation Plan and remanded both to the U.S. Environmental Protection Agency.  Opinion posted on What’s New.

Mine Safety & Health Law Special Institute – September 20
Scheduled to coincide with the National Mining Association s MINExpo International 2008 in Las Vegas, the EMLF and RMMLF will co-sponsor a one-day  Mine Safety & Health Law program at the Las Vegas Hilton on Saturday, September 20, prior to the opening of MINExpo.  The program provides 360 minutes of Continuing Legal Education (CLE), equal to approximately 6 CLE hours in 60-minutes states and 7.2 CLE hours in 50-minute states.  For a complete brochure and to register for the program, go to www.emlf.org.

Law School Energy Careers Programs
EMLF will be sponsoring a series of programs at EMLF member law schools this fall, designed to encourage students to enter the field of energy and mineral law.  If you are interested in speaking at one of these programs, please send an email.

EMLF Educational Programs
September 20, 2008 – Mine Safety & Health Law Special Institute
Las Vegas Hilton Hotel, Las Vegas, NV

October 16-17, 2008 – 33rd  Kentucky Mineral Law Conference
Marriott Griffin Gate Resort, Lexington, KY

October 20-24, 2008 – 26th Annual Oil & Gas Short Course
Houston, TX (Sponsored by RMMLF, IEL-CAIL EMLF)

February 5-7, 2009 – Winter Workshops on Energy Law
Pink Shell Beach Resort, Fort Myers Beach, FL

May 16-19, 2009 – 30th  Annual EMLF Institute
Hilton Oceanfront Resort, Palmetto Dunes, Hilton Head Island, SC

Katapult MarketingJuly 17, 2008
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June 17, 2008

Mine Safety & Health Law Special Institute – September 20
Scheduled to coincide with the National Mining Association’s MINExpo International 2008 in Las Vegas, the EMLF – joined by the Rocky Mountain Mineral Law Foundation – will co-sponsor the program “Mine Safety & Health Law” at the Las Vegas Hilton on Saturday, September 20, prior to the opening of MINExpo. MINExpo is expected to draw over 30,000 international visitors. Registration discounts are available for MINExpo attendees.

Topics for the one-day institute include Mine Crisis Management, Special Investigations, MSHA Compliance, Pattern of Violations and Significant & Substantial Violations, Defending Flagrant Violations, Drug Testing, Regulation by Policy, and New Safety Legislation.

Speakers are Adele Abrams, Bob Beatty, Laura Beverage, Anna Dailey, Bill Doran, Ed Green, Mark Heath, Phil Inglima, Karen Johnston, Margo Lopez, Mark Malecki, Hank Moore, Marco Rajkovich, Heidi Strassler, Noelle True, and Dan Wolff. The Hon. Michael Duffy, Chair of the Federal Mine Safety & Health Review Commission, will be the luncheon speaker.

The program provides 360 minutes of Continuing Legal Education (CLE), equal to approximately 6 CLE hours in 60-minutes states and 7.2 CLE hours in 50-minute states.

For a complete brochure and to register for the program, go to www.emlf.org.

EMLF Welcomes New Members

  • Richard A. Hayhurst, Attorney at Law, P.O. Box 86, Parkersburg, WV 26102
  • Stephen W. Saunders, Tresser – Saunders, Attorneys LLC, 220 Penn Avenue, 3rd Floor, Scranton, PA 18503
  • William A. Schmitt, Greensfelder, Hemker & Gale, P.C., 12 Wolfe Creek Drive, Suite 100, Belleville, IL 62226
  • Thomas R. Underwood, Arrow Energy Land Services, Athens, TX 75751
  • Tulane Law School, Weinmann Hall, New Orleans, LA,  Tondra Netherton, Assistant Dean for Students

Added to What’s New
Victor Stanley, Inc. v. Creative Pipe, Inc
. CA-MJG-06-2662, involving a keyword search for retrieval of electronically stored information, the U.S. District Court of the District of Maryland ruled that inadvertent production of electronically stored information waives attorney-client and work product protection. Defendant waived privilege and work product protection of electronically stored documents by inadvertently disclosing them to plaintiff.

Scheduled EMLF Educational Programs
September 20, 2008
Mine Safety & Health Law Special Institute
Las Vegas Hilton Hotel, Las Vegas, NV
(Co-sponsored with RMMLF*)

October 16-17, 2008
33rd Kentucky Mineral Law Conference
Marriott Griffin Gate Resort, Lexington, KY

October 20-24, 2008
26th Annual Oil & Gas Short Course
Houston, TX
(RMMLF, IEL CAIL**, EMLF)

February 5-7, 2009
Winter Workshops on Energy Law
Pink Shell Beach Resort, Fort Myers Beach, FL

May 17-19, 2009
30th EMLF Annual Institute
Hilton’s Oceanfront Resort, Hilton Head Island, SC

*Rocky Mountain Mineral Law Foundation
**Institute for Energy Law of the Center for American and International Law

Katapult MarketingJune 17, 2008
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April 18, 2008

A reminder that the luncheon and planning meeting for the 33rd Kentucky Mineral Law Conference will be from 11:30 a.m. to 1:30 p.m., Thursday, April 24 in Lexington.If you would like to attend the luncheon to plan the October 16-17 program, please reply to this email and we will provide location and parking information.  Conference call participation will be available.

Please send any topic proposals by April 23 so a complete list of topics can be distributed to persons participating by phone.  Remember that this annual conference is not specific to Kentucky law, but covers relevant issues throughout the Foundation’s service area.  In addition to energy, coal and oil and gas issues, topics have included labor and employment, real property, litigation, mine safety, environmental, climate change, and electric power.  Please let us know what you would like to hear at the October conference.

Program co-chairs are Blair Gardner, Jackson Kelly, Charleston, WV, and Karen Greenwell, Wyatt, Tarrant & Combs, Lexington.

Katapult MarketingApril 18, 2008
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April 9, 2008

EMLF News – Annual Institute Edition
May 18-20, Disney’s Boardwalk Inn Resort
Welcome to New Members, First Time Attendees and Young Lawyers
First time attendees, new members and young lawyers attending the Annual Institute are invited to arrive 30 minutes prior to the 6:00 – 8:00 p.m. reception on Sunday for a special welcome by EMLF members. The 5:30 p.m. get acquainted reception is located outdoors at Sea Breeze Point adjacent to the Boardwalk Inn, the same location as the full reception beginning at 6:00 for all speakers, registrants, and registered guests.

EMLF Registration Desk – Name Tags for Reception
The EMLF Registration desk will open at 5:30 p.m. at the Sea Breeze Point location for the Welcome Reception. Registration envelopes containing your name tag will be available at that time. All other Annual Institute materials and handbooks can be picked up on Monday morning at the EMLF registration desk adjacent to the meeting room in the Boardwalk Inn.

Board of Trustees Annual Meeting and Breakfast Buffet
The Annual Meeting of the EMLF Board of Trustees will be at 7:00 a.m. on Monday, May 19 in Salons IV-VI at the Boardwalk Inn. A breakfast buffet will be available starting at 6:45 a.m. The main order of business will be the election of Trustees at Large, Officers, and Members of the Executive Committee.

Sunday Night Dine-Around
Reservations have been made by Program Chairman Tim Gresham at several restaurants close to the Boardwalk Inn for attendees wanting to take part in the “Dutch Treat” dine-around after the Sunday evening reception. Solo and first-time attendees will find this is a good opportunity to meet other EMLF members. Restaurant sign-up sheets will be available at 5:30 on Sunday at the EMLF registration desk at the Sea Breeze Point reception. Restaurants are the Flying Fish Café (Boardwalk Inn); Il Mulino New York Trattoria (The Swan); Shula’s Steak House (The Dolphin Hotel); Todd English’s bluezoo (Dolphin) and the Yachtsman Steakhouse (Yacht Club).

Monday Night Dessert Party – 8:30 p.m.
This very special event at Epcot is hosted by the Annual Institute Patrons, and free to all program registrants and speakers. Separate EMLF payment is required for extra guests and children. EMLF registrants and paid guests will receive a wristband for admittance to the event, and will walk as a group from the Boardwalk Inn to the Isle de France viewing area in Epcot for the dessert party and light show without paying a park admission fee. EMLF attendees spending the day at Epcot will not need to return to the hotel, and will use the wristband to be admitted to the dessert party.

Annual Institute Registration List By Affiliation
Now posted on the website and updated periodically.

EMLF Annual Institute – Hotel Cutoff Date April 17
Rooms blocked for the EMLF at Disney’s BoardWalk Resort will be released on April 17. Call 407.934.3372 or make your reservation by going online to the EMLF website at www.emlf.org for the link to Disney reservations.

29th Annual Institute Golf Outing – Sunday, May 18
Join EMLF members for Sunday golfing at Disney’s Magnolia Golf Course. Go to www.emlf.org for more information and to download your golf outing registration form. Space is limited so call EMLF today at 859.231.0271 and reserve your place or download the pdf form and fax it to 859.226.0485. Tee times are confirmed for 24 players starting at 11:03 to 11:48 a.m., with a charge of $72 per player which includes the greens fee, cart and range balls. John Boyd is coordinating the outing and the foursomes. Transportation to the golf course can be arranged at the bell stand where you will receive a voucher to cover the cost of the taxi to the course. Deadline for reservations is May 2; fees for the golfing will be paid to the EMLF. There will be no refunds for cancellation after the May 2 date.

Don’t want to carry your clubs and pay an extra airline baggage charge? You can rent Titleist and Cobra clubs for $55 and golf shoes for $10 for the Sunday golf outing. No need to reserve in advance. If you plan to golf independently of Sunday’s organized golf outing, club rental is free for groups of 4 people or fewer who are guests at the Boardwalk Inn while attending a conference.

Special Amenities for Disney Guests
Convenient Walt Disney World® Transportation: If you’re arriving by air at Orlando International Airport, Disney’s legendary service starts the moment you touch down and continues throughout your stay.

Disney’s Magical Express Service – Take advantage of the latest innovation in Disney’s legendary commitment to service and convenience. This exclusive shuttle and luggage delivery service conveniently takes you from the airport directly to your Disney Resort and back again when it’s time to return. It’s the hassle-free benefit that allows you to arrive at your meeting or event relaxed and stress-free.

To book, call 407.827.6777 or visit www.disneyconventionears.com/dme for more information.

During your stay, enjoy the convenience of Disney transportation throughout the Walt Disney World® Resort. Just steps from your door, boats and motor coaches are waiting to take you to and from the Theme Parks, Water Parks, the Downtown Disney® area, and more.

Be sure to take advantage of the free guest transportation and baggage pickup at the airport, but be prepared to allow up to 3 hours for your luggage to reach you at the hotel. Go to the EMLF website at http://www.emlf.org and link through to the Disney reservation page for more information. Remember that discounted theme park tickets are available by advance purchase only via the Disney link on the EMLF website for partial day tickets (after 2:00 p.m. and after 4:00 p.m.) and multi-day and multi-park tickets. You cannot purchase the discounted tickets after your arrival.

There are also free golf club rentals and complimentary cab fare to Disney golf courses. Although the free golf rentals do NOT apply to organized golf events like the EMLF Sunday golf outing, the Disney golf courses offer free golf club rentals (Titleist and Cobra) for groups of 4 or less who are staying at a Disney property. Transportation to the golf course can be arranged at the bell stand where you will receive a voucher to cover the cost of the taxi to the course.

McClaugherty Award for Outstanding Service to the EMLF
The McClaugherty Award honors the late John L. McClaugherty, a partner at Jackson Kelly and long-time member of the EMLF. John contributed his loyalty, time and extraordinary talent to EMLF activities, and held numerous leadership positions, including President and Chairman of the EMLF Endowment fundraising effort. The McClaugherty Award recognizes outstanding contributions to the EMLF and all EMLF members are eligible nominees. An individual’s specific extraordinary accomplishments and sustained superior contributions to the EMLF will be considered by the selection committee. Please submit letter of nomination for the Award by May 2 to the EMLF, 340 South Broadway, Suite 101, Lexington, KY 40508, or send via email to Sharon Daniels. The Award recipient will be announced Monday morning during the Annual Institute.

Katapult MarketingApril 9, 2008
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April 7, 2008

EMLF Annual Institute – Hotel Cutoff Date April 17
Rooms blocked for the EMLF at Disney’s BoardWalk Resort will be released on April 17. Call 407.934.3372 or make your reservation by going online to the EMLF website at www.emlf.org for the link to Disney reservations.

Watch your email for EMLF News – Annual Institute Edition for more information on Annual Institute activities, McClaugherty Award nominations, golfing, new member and young lawyer welcome reception and Sunday night dine-around.

EMLF Law Student Scholarships
April 11 is the deadline to apply for EMLF Law Student Scholarships. Complete information and application form are available on the EMLF website.

33rd Kentucky Mineral Law Conference Planning Meeting
April 24 is the date for the 11:30 a.m. luncheon and planning meeting for the 33rd Mineral Law Conference which will be held October 16-17, 2008 at the Marriott Griffin Gate Resort in Lexington. The October program will again be co-sited with the annual Kentucky Coal Association membership meeting.

Blair Gardner, Jackson Kelly, Charleston, WV, and Karen Greenwell, Wyatt, Tarrant & Combs, Lexington, KY, will co-chair the Mineral Law Conference. Let us know if you plan to attend the luncheon meeting and we will provide the location details. Conference call participation will also be an option. Please send your topic suggestions by April 22 so a list can be prepared in advance and distributed to those participating via conference call.

Mine Safety & Health Law Special Institute – September 20
The EMLF is sponsoring a one-day Mine Safety & Health Law Special Institute at the Las Vegas Hilton, in conjunction with the National Mining Association’s MINExpo INTERNATIONAL® 2008 event which begins September 22.

Katapult MarketingApril 7, 2008
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February 4, 2008

North Carolina Can Sue TVA for Public Nuisance
The Fourth Circuit’s January 31 decision allows North Carolina to sue TVA for causing adverse health and environmental effects to North Carolinians, by allowing transport of air pollutants (that already meet state and federal regulations) from TVA coal fired plants in Tennessee, Alabama and Kentucky into the state.  The court affirmed denial of TVA’s motion to dismiss.  However, Judge Niemeyer dissented from the court’s ruling that the case was not barred by the discretionary function doctrine. 

Submitted by Tim Gresham, Penn, Stuart & Eskridge, Abingdon, VA.

NLRB Files Petition for Injunction Against Massey Energy
Alleging unfair labor practices, the NLRB on January 31 filed a petition for injunction in the U.S. District Court for the Southern District of West Virginia against Massey Energy to force rehiring of union coal miners. 


Final Report of Advanced Coal Technology Work Group
Formed under EPA’s Clean Air Act Advisory Committee, the Advanced Coal Technology Work Group was charged with discussing and identifying the potential barriers and potential opportunities to create incentives under the Clean Air Act to develop and deploy advanced coal technologies. The final report was issued January 29, shortly after DOE’s announcement that it was pulling funds from the FutureGen project
.

Katapult MarketingFebruary 4, 2008
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