Millionaire Survivalists in Film Part 4. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Rising S Company receives a positive rating for their commitment to the Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. & REM. File your review. If you are fortunate enough to be able to afford such an awesome prep you know what you are going to need to improve after you get one. 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. 391 posts. R. APP. IN 3 WEEKS THEY SENT 3 OF MY RECIPIENTS DEAD FROZEN TINY BOUQUETS calgary, Ponce motors Deceptive car sales Austin Texas, Nextiva efax overcharged me for an entire year even before the monthly trial expired able to use the service at all. CODE ANN. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. REBUTTAL BOX Atlas's owner, Ron Hubbard, posted two videos to Atlas's YouTube channel in April 2019 in which Hubbard made statements about Scott and Rising S Company. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . Ass'n of Bus. 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. CODE ANN. Americas largest bunker manufacturer. filed). On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. 2007). It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. Consumers can feel safe confident and secure when doing business with Rising S Company. 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. PRAC. The evidence shows that Atlas and Scott are competitors in the same industry. CODE ANN. Rising S Company installer chose the site, cleared off two feet of grade from the topsoil ( I have an expert report confirming that fact), dug the hole too deep and had to use more concrete to cover it, (which they tried to make me pay for), then they pushed all the excavated dirt to one side and made a "hill" where all the rain water runs over the top door of my underground bunker and the door leaks (also confirmed by an expert). After Atlas filed its notice of appeal in this court, Scott moved to dismiss the appeal for want of jurisdiction because the notice of appeal was filed more than twenty days after the motion to dismiss was denied by operation of law. We conclude that the intended audience of the videos was comprised of actual or potential buyers or customers of Atlas's products. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. When I demanded they honor their warranty, they told the BBB (Better business bureau) that their purchase contract voids the warranty, which is insane. If you would like to what I have to say, please give me a call. Rising S Company leads the industry in innovation and engineering underground shelters. PRAC. READ: Foreign websites steal our content. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. 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. Redwine v. Peckinpaugh , 535 S.W.3d 44, 49 (Tex. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . 11. Sav. See Act of May 21, 2011, 82nd Leg., R.S., ch. & REM. I wonder what Matt is alluding to when he talks about problems with Ron. Gen. Laws 960, 962 (amended 2019) (current version at TEX. How those businesses take care of those complaints is what separates good businesses from the rest. PRAC. Prewit ended up spending 33 months in federal prison. Ripoff Report has determined that Rising S Company meets Ripoff Report Verified standards which include a commitment to make a good faith effort to resolve any consumer complaints. Has your experience with this business or person been good? 21.001(3), TEX. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. *Any consumer not receiving satisfaction from a member of Ripoff Report's Corporate Advocacy Business Remediation and Customer Satisfaction Program should email us at EDitor@ripoffreport.com. In order to confirm that the complaints were resolved, Ripoff Report is copied on all responses, so we can insure that the member business did right by their customer. CIV. Scott's petition alleges that, in the "Texas Man" video, Atlas "advertises the ease of installing Defendant's bunkers and asks viewers to email or call him if they are interested in one of Defendant's bunkers.". CODE ANN. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. P. 63. Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. Consumers love to do business with someone that can admit mistakes and state how they made improvements. The posting time indicated is Arizona local time. & REM. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. At the time this suit was filed, "a matter of public concern" was defined as an issue related to health or safety, environmental, economic, or community well-being, the government, a public official or public figure, or a good, product, or service in the marketplace. Moreover, we need not consider the live testimony to determine if the trial court's ruling was appropriate because the allegations in the petition and the videos themselves are sufficient for our review. You can see the shocking Atlas Bunkers video here. App.Dallas 2007, no pet.). Another video, entitled "Lady in Minnesota and Her Horrible Bomb Shelter," featured Hubbard touring and critiquing a shelter installed by Rising S. Scott sued Atlas for libel and business disparagement based on these two videos. See Hawkins , 606 S.W.3d at 47. (mem. 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. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. 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. Further, regardless of whether the motion was denied by operation of law or by the October 15 order, our review of the denial will be de novo such that any factual recitations would be irrelevant in our analysis. visit us at https://risingsbunkers.com to see why our team is the best in the world." Finally Atlas ha. Rising S Company is willing to go beyond the call of good customer service and do what it takes to make things right with their customers. 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 . The rules of civil procedure allow parties to amend pleadings within seven days of trial with leave of court, which is to be granted unless there is a showing of surprise to the opposite party. & REM. 2019, no pet.). 9350 State Hwy 31 E Murchison, Texas United States. I paid $45,000 up front for them to build my NBC (Nuclear, Biological, Chemical) underground bunker, including delivery and installation. 2020, pet. Atlas contends that it does not sell the same product as Scott. Gen. Laws 2501, 2501 (amended 2019) (current version at TEX. ; see also Martin v . The website made it sound so safe and complete ("just add personal belongings". In support of this argument, Atlas relies only on the version of Section 27.006(a) that went into effect on September 1, 2019, four months after Scott file this suit against Atlas. During its construction, Scott observed Prewit firing and selling these weapons. PRAC. Id. App.Houston [14th Dist.] Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. App.Houston [1st Dist.] Atlas's arguments are based in large part on the current version of Section 27.006(a) which provides that, in considering whether a legal action is subject to or should be dismissed under Chapter 27, the trial court shall consider the pleadings, evidence a court could consider under Texas Rule of Civil Procedure 166a, and supporting and opposing affidavits. App.Houston [14th Dist.] Hubbard, however, had a different take on the situation. See Act of May 21, 2011, 82nd Leg., R.S., ch. Even if we agree with Atlas's interpretation and applicability of the legislature's intent as shown by the 2019 amendment, the fact remains that its "reviews" are immersed in and interconnected with Atlas's role as a seller of underground survival shelters. In that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). Nothing to do with any drama. Rising S Company has a website that is full of false advertising, false product and service claims and false warranties. 27.005(c), TEX. The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." CIV. It's a lot of money for a product no one is supposed to see, and no one really wants a reason to use. Below is the information about rising s bunkers lawsuit . Inside Billionaire Bunkers And business is booming at Texas-based Rising S Bunkers, with over 2,000% more inquiries from potential buyers concerned about their security. Although Atlas did not file a motion to extend time to file the notice of appeal pursuant to Rule 26.3, because it tendered a notice of appeal within that fifteen-day time period beginning October 15, we imply that it filed a motion to extend. Gen. Laws 960, 961-62 (amended 2019); TEX. Scott also alleged that, "[a]t all times in the Original Videos, Mr. Hubbard is acting in his capacity as owner and representative of Defendant." As proof, Prewit and Hubbard showed a printout of Scotts criminal record. An even better question, why do you care about drama between bunker companies? This program works. CIV. Is it possible that some of them could be underhanded enough that they are secretly building your shelters for their own future use and planning to use your supplies, all while making money off of you for the privilege? 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. August 11, 2016, no pet.) Finally, Atlas asserts that neither its actual or potential customers were the intended audience. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". 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. 27.005(b), TEX. See Hone v . Has your experience with this business or person been good? CIV. PRAC. It looks like a really expensive coffin to me. CODE ANN. & REM. App. 27.003(a), TEX. But they want to warn you about all the very bad bunker and shelter companies out there, so much so, they dedicated an entire page titled "Know the Truth" telling consumers why all their competitors products are "inferior" and they have "bad ideas" and beware of these "fly by nights" so you can trust Rising S company Right? & REM. Consumers want to see how a business took care of business. REBUTTAL BOX 2) When you read their "Certifications" page, all you see is certifications for "storm shelters", not NBC bunkers and they state: "We offer the best underground bunkers, storm shelters and safe-rooms on the marketour bomb shelters are the BEST on the market." That YouTube video that sparked your interest, has done nothing but promote both companies. 27.005(d), TEX. See Jones v . It features two. I lost $250K and received 33 months in federal prison. Rather, Atlas contends that the videos were communications of consumer complaints and reviews involving Scott's business, and the statements arose from Scott's products, not Atlas's products. Why do they hate each other and are either of them being honest on how subpar their rivals products are? Did Rising S Bunkers really cause one of their customers to go to prison for three years, or are these baseless accusations that are part of a long-standing feud between owner Clyde Scott and his competitor Atlas Survival Shelters, which is owned by Ron Hubbard. See Act of May 21, 2011, 82nd Leg., R.S., ch. op.) CIV. 27.006(a). 12-20-00054-CV (Tex. Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. 01-18-00781-CV, 2019 WL 1186695, at *3 (Tex. 1998); Verburgt , 959 S.W.2d at 617. We conclude Atlas's videos are an exercise of the right of free speech. (citing Tex. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. Therefore, it argues, the October 15 order is not void and if not void, the notice of appeal filed on October 22 is certainly timely. 286 following. Regarding the videos, their admission was within the trial court's discretion. Estimated amount consumers saved since 1997: $15,590,010,907. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. As a Part of the Corporate Advocacy Program the member business allows Ripoff Report to send an email to all of those who filed a complaint in the past, letting the customer know, the member business wanted to make things right with them, whatever it takes to do so. CODE ANN. In its brief, Scott asserts that the trial court lacked authority to issue its October 15 order, and therefore that order is void and unappealable. 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. 27.005(d)); Castleman , 546 S.W.3d at 691. & REM. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Because the suit was filed before the effective date of that amendment, this case is governed by the statute as it existed before the amendment. Castleman , 546 S.W.3d at 691. Profanchik , 578 S.W.3d 676, 681 n.2 (Tex. 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. 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. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. Courtesy of the Rising S Company 'Watch it all burn' Interest around underground bunkers for the wealthy and the prepared tends to soar in times . R. APP. 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. PRAC. 27.001(3). CODE ANN. Hubbard admits the two companies are competitors and, in the videos, compares the products of the respective companies. In his video, Ron recommends whenever possible purchasing a bunker and hiring your own team to transport and install it for your own personal security. Press question mark to learn the rest of the keyboard shortcuts. Burying a steel box under the ground is just a dumb thing to do. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Our employees are not only skilled fabricators and craftsmen, but they are also like minded & trustworthy individuals that are also preparing their own families for whatever uncertainty the future has in store. Your email address will not be published. Remember, Ripoff Report emailed every customer from the past that filed a complaint to make sure the member business made things right with customers from the past. Atlas contends its "reviews" were recorded videos with former Scott customers explaining the issues they had with Scott's business, and not attempts to encourage customers to do business with Atlas. & REM. App.Amarillo 2018, pet. strict standards for business conduct. I'm completely out of the loop here. He owns a company admittedly in competition with Scott. No definition of maintenance, no written manual or documents, but they defined it themselves to the BBB as the customer is responsible for their bad installation, yet they write on their website "Highest quality engineering coupled with Expert Installation". The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. Sols., Ltd., 556 S.W.3d 865, 887 (Tex. Required fields are marked *. See Act of May 24, 2013, 83rd Leg., R.S., ch. TEX. Lechin , No. See Verburgt v . CODE ANN. 27.005(a)). Who's crazy enough to start this website? How those businesses take care of those complaints is what separates good businesses from the rest. On any party's motion, an appellate court may dismiss the appeal if it is subject to dismissal for want of jurisdiction. The truth is, none of the luxury shelter companies have spotless reputations. 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. Ripoff Report | Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. CIV. Top of the line is the " Aristocrat " for. Here, the record does not show whether Scott obtained leave of court. RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS" Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Patients made into prostitutes and sex slaves, bilking insurance companies out of millions, Sac_County Iowa Prosecutor Ben Smith pays $750,000 to settle Ripoff Report 1983 civil rights lawsuit.. Federal Judge stops prosecutors abuse of power against ED Magedson Founder of Ripoff Report. Regardless of the accuracy of Atlas's legal interpretation of the controlling date, it indicates the failure to file within twenty days of the date the motion was overruled by operation of law was not deliberate or intentional, but was the result of inadvertence or mistake, and satisfies the requirement for a reasonable explanation to justify the need for an extension. Follow. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. The term "communication" is defined as "the making or submitting of a statement or document in any form or medium, including oral, visual, written, audiovisual, or electronic." PRAC. 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. See Goswami v . Therefore, leave of court is presumed. Who is ED Magedson - Founder, Ripoff Report. If the nonmovant fails to satisfy its burden to present a prima facie case, the trial court must dismiss the action. Ripoff Report has an exclusive license to this report. It further argues that the comparisons made between Scott's products and Atlas's products help to establish Atlas's and Hubbard's credibility as an expert in the field of disaster preparedness, show the proper means to construct bunkers to avoid certain issues, and serve as a demonstration of how a subterranean survival shelter should operate if properly constructed and installed. & REM. Offering 100% lifetime welds and craftsmanship warranty. There are so many false claims, I don't know where to begin. Were always happy to answer any questions you have about our company, our products or the process of adding these security solutions to your life. PRAC. Attention seeking for marketing.. Another reason to make a YT video or FB post. Its the equivalent of Ferrari and Lamborghini yelling at each other over having shitty seats, then proves to the world that they are shitty by finding examples of where they were shitty and making videos about it. We also value our potential customers, so we take time to discuss our business and products at length with anyone interested in additional security solutions. 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. 27.001(1). & REM. READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner if its so inferior. 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! CIV. Here's why:Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. In an interview with Hubbard, Prewit said he came forward with his story not for his own sake, but rather for the safety of the public, who needs to know that this situation is a possibility. The on-site inspection / review does not mean that the products or services offered by the business have been evaluated or endorsed by Ripoff Report and has not made a determination as to the business' product quality or competency in performing services. I mean look out how reality tv is thriving lol. PRAC. PRAC. Rising s claims on their website that atlas doesn't know what the hell they're doing, etc etc. He describes this decision as fighting back against a bully and punching him in the mouth. He then went on to describe Rising Ss business model as being based on ruining their competitors. Hiding negative complaints is only a Band-Aid. In its petition, Scott alleges it and Atlas are direct competitors. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. WardenWolf 2 yr. ago. We know there is a lot of false information out there by our competitor but check out some of our videos and reach out to ask us any . Nov. 18, 2020). The rainfall and soil type in most of the US will ruin the best bunker within a couple of years, if not weeks. Yes, its a long name for a program that does a lot for both consumers and businesses alike. Gary Lynch, General Manager. 2017); Hieber , 591 S.W.3d at 211. Doesn't matter, it shifted anyway. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Corporate Advocacy Program: How to repair your business reputation. I think they are being honest, but I think its also important to remember what these companies are providing. Your on Reddit everyone cares about the drama. CIV. 341, 2, 2011 Tex. CIV. While this is clearly proof that Scott has committed crimes in the past, it is not clear if Prewit has any clear evidence that he is the informant that led to his arrest. 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. An old texas man calls Atlas Survival to come out and replace his Rising S air system, fix his escape tunnel and add a AR500 to his hatches. The videos were posted on the internet channel Atlas used to advertise its products, and Hubbard invited viewers to contact him regarding his survival shelters. Hubbard posted a third video on June 23, 2019, after Scott filed this suit, entitled "World Expert Visits a Badly Engineered $500,000 Bomb Shelter," in which Hubbard allegedly referred to Scott disparagingly. Corporate Advocacy Program: How to repair your business reputation. PRAC. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. P. 26.1(b). 9350 State Highway 31 East Murchison, Texas United States Phone: (214) 893-8007 Web: www.risingsbunkers.com Category: Miscellaneous Companies 27.008(a), TEX. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 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 his interactions with Clyde Scott when he purchased a Rising S shelter. Gen. Laws 960, 962 (amended 2019) (current version at TEX. The supreme court has determined that this exemption applies when the nonmovant proves each of the following elements: Regarding the second element, we review the context of the statements to determine whether the challenged statements propose a commercial transaction, as they would if made in the capacity as a seller. See TEX. It is therefore ORDERED, ADJUDGED and DECREED that the order of the court below be in all things affirmed, and that all costs of this appeal are hereby adjudged against the appellant, ATLAS SURVIVAL SHELTERS, LLC, for which execution may issue, and that this decision be certified to the court below for observance. TEX. I think it's just run of the mill competition bashing. Corporate Advocacy Business Remediation and Customer Satisfaction Program. Finally, Atlas points to the 2019 amendment to Section 27.010, which states that the commercial speech exemption does not apply to consumer opinions, commentary, complaints, or review of businesses, to argue that legislative intent is to prevent filing lawsuits as a means to limit consumer reviews such as those Scott now complains of. The author of the Ripoff Report below never responded to our offer to help them. 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 On October 15, 2019, the court signed an order denying the motion to dismiss. Report to email everyone from the past the information about rising S Company a... 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You would like to what rising s bunkers lawsuit have to say, please give me a call 865. Up spending 33 months in federal prison he owns a Company admittedly in with... World. line is the & quot ; Aristocrat & quot ; Aristocrat & quot for. How those businesses take care of those Complaints is what separates good businesses from the of!, their admission was within the trial court 's discretion Starside Custom Builders, LLC, S.W.3d! With someone that can admit mistakes and state how they made improvements 9350 Hwy. ( amended 2019 ) ( current version at Tex, Prewit and showed... For marketing.. Another reason to make a YT video or FB post of..., 840 ( Tex hate each other and are either of them being honest, but think! 27.001 ( 1 ), ( 3 ) ; Castleman, 546 at! Sols., Ltd., 556 S.W.3d 865, 887 ( Tex, 840 ( Tex i look! Belongings '' the hell they 're doing, etc etc, however, had a take. Buyers or customers of Atlas 's first issue, it contends the commercial speech to... 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