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In circumstances of multiple liability, a party may elect to protect itself by interpleading the property that is subject to the competing claims. (Tex. R. Civ. P. 43.)
An “[i]nterpleader requires the rival claimants to litigate the ownership issue among themselves, rather than with a stakeholder who has no claim to the fund and simply seeks to pay the proper claimant.” (Clayton v. Mony Life Ins. Co. of Am., 284 S.W.3d 398, 402 [Tex. App. 2009].)
“The very purpose of interpleader is to allow an innocent stakeholder facing rival claims to let the courts decide who is entitled to the fund and thus avoid the peril of acting as judge and jury itself.” (Olmos v. Pecan Grove Mun. Util. Dist., 857 S.W.2d 734, 741-42 [Tex. App. 1993].)
A party is entitled to relief by interpleader if the party is subject to or has reasonable grounds to anticipate rival claims to the same funds or property. (Tri-State Pipe & Equip., Inc. v. Southern Cty. Mut. Ins. Co., 8 S.W.2d 394, 402 [Tex. App. 1999]; Olmos v. Pecan Grove Mun. Util. Dist., 857 S.W.2d 374, 741 [Tex. App. 1993]; State Farm Life Ins. Co. v. Martinez, 216 S.W.3d 799, 807 [Tex. 2007].)
Interpleader requires that there be multiple claimants, separate from the party seeking interpleader, that are disputing entitlement to funds. (Heggy v. Am. Trading Employee Ret. Account Plan, 123 S.W.3d 770, 775 [Tex. App. 2003].) This allows the party in possession of disputed funds to obtain “a discharge of liability to the competing claimants.” (Id.)
A petitioner in interpleader must prove:
(Tri-State Pipe & Equip., Inc. v. Southern Cty. Mut. Ins. Co., 8 S.W.2d 394, 402 [Tex. App. 1999].)
Granting a party the right to interplead is within the sound discretion of the trial court. (Bryant v. United Shoreline Inc. Assurance Servs., 972 S.W.2d 26, 31 [Tex. 1998].)
The Supreme Court of Texas has held that “[e]very reasonable doubt should be resolved in favor of the stakeholder’s right to interplead.” (State Farm Life Ins. Co.v. Martinez, 216 S.W.3d 799, 807 [Tex. 2007].)
Once the interpleading party has brought the proper parties before the court and demonstrated the elements of interpleader, the court may then adjudicate the conflicting claims for the fund at issue. (Northshore Bank v. Commercial Credit Corp., 668 S.W.2d 787, 789 [Tex. App. 1984].) At that point, each claimant is responsible for demonstrating a superior right to the interpleaded funds. (Branch v. Monumental Life Ins. Co., 422 S.W.3d 919, 923 [Tex. App. 2014].)
When an interpleader is a disinterested stakeholder with no interest of its own in the property, the interpleader can recover its costs and attorney’s fees from the interpleaded funds. (U.S. v. Ray Thomas Gravel Co., 380 S.W.2d 576, 581 [Tex. 1964].)
Failure to award attorney’s fees to an innocent stakeholder has been held to be an abuse of discretion. (Heggy v. Am. Trading Employees Ret. Account Plan, 123 S.W.3d 770, 780 [Tex. App. 2003].) However, a stakeholder may not be entitled to recover its attorney’s fees from the deposited funds if “the interpleader was unreasonably delayed.” (State Farm Life Ins. Co. v. Martinez, 216 S.W.3d 799, 803 [Tex. 2007].)
Electronically Filed 5/28/2024 5:36 PM Hidalgo County District Clerks Reviewed By: Victor Castro CAUSE NO. C-2782-20-M LOYA INSUR…
Aug 13, 2020
Filed
THE STATE OF TEXAS CITATION TO: KASEY GREMMINGER 3702 AVENUE O ROSENBERG TX 77471 NOTICE: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on Monday next following the expiration of twenty days after you were served this citation and PLAINTIFF'S ORIGINAL PETITION IN INTE…
May 06, 2024
Pending
Fort Bend County, TX
May 09, 2024
THE STATE OF TEXAS CITATION TO: LARRY GREMMINGER 1910 FAWN WAY CT RICHMOND TX 77406 NOTICE: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on Monday next following the expiration of twenty days after you were served this citation and PLAINTIFF'S ORIGINAL PETITION IN IN…
May 06, 2024
Pending
Fort Bend County, TX
May 09, 2024
THE STATE OF TEXAS CITATION TO: LOIS GREMMINGER 1910 FAWN WAY CT RICHMOD TX 77406 NOTICE: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on Monday next following the expiration of twenty days after you were served this citation and PLAINTIFF'S ORIGINAL PETITION IN INTE…
May 06, 2024
Pending
Fort Bend County, TX
May 09, 2024
Electronically Filed 4/30/2024 2:36 PM Hidalgo County District Clerks Reviewed By: Lesley Martinez CAUSE NO. C-2286-23-J ISMAEL…
Jun 12, 2023
Filed
FILED 4/24/2024 4:20 PM FELICIA PITRE …
Apr 24, 2024
OPEN
Cameron County - 357th District Court THE STATE OF TEXAS SUIT NO. 2024-DCL-00595-E INADDITION TO THE DELINQUENT TAXES THERE ARE COURT COSTS ASSESSED BY THE DISTRICT CLERK'S STATE OF TEXAS OFFIC…
Jan 31, 2024
Pending
Filed: 4/16/2024 10:11 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 86698683 …
Aug 17, 2023
Active
C-2782-20-M 476TH DISTRICT COURT, HIDALGO COUNTY, TEXAS ________________________________________________________________________ CITATION ________________________________________________________________________ THE STATE TEXAS NOTICE TO DEFENDANT: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation …
Aug 13, 2020
Filed
CITATION Cause Number: 24-03-04827 Clerk of the Court Attorney Requesting Service Melisa Miller Jennifer Mouton P.O. Box 2985 2617C W Holcombe Blvd #252 Conroe, Texas 77305 Houston TX 77025 THE STATE OF TEXAS NOTICE TO DEFENDANT: You have been sued. You may employ an attorney. If you or y…
Mar 26, 2024
Pending
Montgomery County, TX
Mar 27, 2024
FILED 3/22/2024 9:31 AM FELICIA PITRE DISTRICT CLERK …
Mar 22, 2024
OPEN
C-0807-24-E 275TH DISTRICT COURT, HIDALGO COUNTY, TEXAS CITATION THE STATE OF TEXAS NOTICE TO DEFENDANT: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty (20) days after you…
Feb 20, 2024
Filed
Hidalgo County, TX
Feb 21, 2024
FILED 2/16/2024 5:14 PM FELICIA PITRE DISTRICT CLERK …
Feb 16, 2024
OPEN
Dallas County, TX
Feb 16, 2024
MOYE', ERIC
C-2782-20-M 476TH DISTRICT COURT, HIDALGO COUNTY, TEXAS ________________________________________________________________________ CITATION ________________________________________________________________________ THE STATE TEXAS NOTICE TO DEFENDANT: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation …
Aug 13, 2020
Filed
Filed: 2/7/2024 8:49 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 84229425 …
Feb 05, 2024
Active
Electronically Submitted 2/6/2024 2:47 PM Hidalgo County Clerk Accepted by: Carlos Guerra …
Jun 09, 2023
Filed
Hidalgo County, TX
Feb 06, 2024
Electronically Submitted 2/6/2024 4:03 PM Hidalgo County Clerk Accepted by: Alexis Medina CAUSE NO. CL-17-1572-J LAW OFFICE OF CIRO …
Apr 05, 2017
Filed
CAUSE NO. C-0081-23-G RAMON GARCIA, YAZMIN § IN THE DISTRICT COURT OF ANAID GARCIA, and SAIDA § GARCIA, § Plaintiff, § § v. § § MAR DESIGNS & § CONSTRUCTION, INC., MARIO § RODRIGUEZ, and ARACELY § RODRIGUEZ, § Defendants, § § AND …
Jan 06, 2023
Filed
Filed 2/1/2024 2:15 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas …
Dec 27, 2023
Pending
USE NO. CHICAGO TITLE OF TEXAS, LLC IN THE DISTRICT COURT Interpleader/Plaintiff MONTOGOMERY COUNTY, TEXAS BEATRIZ MAYO; and CASPER CAPITAL LTD COMPANY, Defendants. JUDICIAL DISTRICT MOTION TO DISMISS TO THE HONORABLE JUDGE OF SAID COURT: …
Jun 05, 2023
Disposed
FILED 1/16/2024 9:52 AM FELICIA PITRE DISTRICT CLERK …
Dec 12, 2023
OPEN
FILED 1/8/2024 4:22 PM FELICIA PITRE DISTRICT CLERK …
Dec 12, 2023
OPEN
Electronically Filed 1/5/2024 9:28 AM Hidalgo County District Clerks Reviewed By: Priscilla Rivas NO. C-1651-23-M ERNESTO BENA…
Apr 25, 2023
Filed
C-2782-20-M 476TH DISTRICT COURT, HIDALGO COUNTY, TEXAS CITATION THE STATE TEXAS NOTICE TO DEFENDANT: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty (20) days after you were served this citation and petition, a …
Aug 13, 2020
Filed
Electronically Filed 1/3/2024 3:36 PM MARTINEZ, DIETERICH & ZARCONE LEGAL G ROUP Hidalgo County District Clerks ATTORNEYS AT LAW …
Aug 13, 2020
Filed
Electronically Submitted 12/13/2023 11:08 AM Hidalgo County Clerk Accepted by: Nancy Flores …
Dec 28, 2018
Filed
Electronically Filed 12/11/2023 10:16 AM Hidalgo County District Clerks Reviewed By: Arlene Villarreal …
Dec 17, 2019
Disposed
Filed 12/4/2023 10:12 PM Beverley McGrew Walker District Clerk Fort Bend Count…
May 28, 2020
Pending
Maricela Cortez Salinas Velma A. Arellano, CSR, RPR Court Coordinator Ofi'lcial Cour! Reporter fi Salvador “Andy" Padilla …
Dec 17, 2019
Disposed
Maricela Cortez Salinas Velma A. Arellano, CSR, RPR Court Coordinator Official Court Reporter Salvador “Andy” Padilla Orlando Cantfi AssL Court Coordinator …
Dec 17, 2019
Disposed
C-0081-23-G 370TH DISTRICT COURT, HIDALGO COUNTY, TEXAS CITATION THE STATE OF TEXAS NOTICE TO DEFENDANT: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty (20) days after you were served with this citation and petition,…
Jan 06, 2023
Filed
Electronically Filed 11/22/2023 4:07 PM I Hidalgo County District Clerks -. …
Dec 17, 2019
Disposed
FILED 11/28/2023 10:20 AM FELICIA PITRE DISTRICT CLERK …
Nov 28, 2023
OPEN
Electronically Filed 11/27/2023 8:56 AM Hidalgo County District Clerks A NDERSON VELA, L.L.P. Reviewed By: Dianira Leal A TTORNEYS & C OUNSELORS AT L AW …
Nov 20, 2023
Filed
Hidalgo County, TX
Nov 27, 2023
C-4810-23-D 206TH DISTRICT COURT, HIDALGO COUNTY, TEXAS CITATION THE STATE OF TEXAS NOTICE TO DEFENDANT: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty (20) days after you were served with this cita…
Nov 20, 2023
Filed
Hidalgo County, TX
Nov 27, 2023
Electronically Filed 11/22/2023 4:07 PM Hidalgo County District Clerks Reviewed By: Irene Caceres …
Dec 17, 2019
Disposed
Filed: 11/7/2023 2:47 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 81394753 …
Oct 17, 2023
Active
10/23/2023 10:51:48 AM Marilyn Burgess - District Clerk Harris Count, Envelope No: 80853531 2023-73693 / Court: 157 By: LAWSON, CHANDRA K …
Oct 23, 2023
Active - Civil
Harris County, TX
Oct 23, 2023
Motor Vehicle Accident
Filed 10/19/2023 11:31 AM Beverley McGrew Walker District Clerk Fort Bend Co…
Oct 18, 2023
Pending
Fort Bend County, TX
Oct 19, 2023
Electronically Filed 10/16/2023 2:08 PM Hidalgo County District Clerks Reviewed By: Maria D…
Oct 02, 2023
Filed
Electronically Submitted 10/11/2023 4:34 PM Hidalgo County Clerk Accepted by: Valeria Garcia CAUSE…
Jun 20, 2023
Filed
Filed: 10/2/2023 9:21 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 80131536 …
Jun 16, 2023
Active
FILED 9/25/2023 1:06 PM FELICIA PITRE …
Dec 12, 2022
OPEN
Filed: 9/29/2023 11:49 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 80091314 …
Jun 20, 2023
Active
Filed: 9/29/2023 11:49 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 80091314 …
Jun 20, 2023
Active
September 29, 2023 Via E File Montgomery County Judicial District Court 301 North Main, Suite 200 Conroe, TX 77301 RE: Chicago Title of Texas, LLC Mayo, Cause 3023ATX Dear Sir/Madam: This firm represents Plaintiff Chicago Title of Texas, LLC in the above entitled action. Plaintiff filed an Original Petition in Interpleader June 5, 2023 lease issue a itation ersonal service …
Jun 05, 2023
Disposed
Filed: 9/26/2023 11:50 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 79943643 …
Mar 01, 2022
Active
Electronically Submitted 9/25/2023 11:13 AM Hidalgo County Clerk Accepted by: Alejandra Lara …
Sep 01, 2023
Filed
Hidalgo County, TX
Sep 25, 2023
FILED 9/25/2023 1:06 PM FELICIA PITRE …
Dec 12, 2022
OPEN
FILED 9/21/2023 2:53 PM GREG L. RIKARD JUSTICE OF THE PEACE PCT 1 …
Aug 02, 2023
Filed/Open
Galveston County, TX
Sep 21, 2023
Rikard, Gregory L.
Electronically Filed 9/18/2023 9:07 AM Laura Richard County Clerk …
Oct 05, 2022
Active
Fort Bend County, TX
Sep 18, 2023
Filed: 9/12/2023 9:31 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 79439523 …
Mar 20, 2023
Active
WENDY HERNANDEZ, CASTANO AND ALEXANDER VAIRAS Counter Plaintiff Wendy Hernandez files this Original Counter Petition against Counter Defendant Diana Castano and Manuel Reyes would respectfully show the Court as follows: 1 Counter Plaintiff Wendy Hernandez is a resident of the State of Texas. 2 Counter Defendant Manuel Reyes is a resident of the State of Texas, Counter Defendant has made an appearance in this matter and may be served wit…
Jun 22, 2017
Re-Opened
Filed: 9/7/2023 3:31 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 79319425 …
Feb 13, 2020
Re-Opened
FILED 8/23/2023 1:19 PM FELICIA PITRE DISTRICT CLERK …
Feb 20, 2023
OPEN
Feb 20, 2023
OPEN
FILED 9/5/2023 8:35 PM FELICIA PITRE DISTRICT CLERK …
Aug 07, 2023
OPEN
-03-04293 CHAD CLOWSON, INDIVIDUALLY IN THE DISTRICT COURT AND AS NEXT FRIEND OF IC, A MINOR; AVA CLOWSON TH JUDICIAL DISTRICT ZACKARY CAVINESS MONTGOMERY COUNTY, TEXAS Plea Intervention TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, OMON IMOBIOH, guardian ad litem for AVA CLOWSON…
Mar 23, 2023
Pending
FILED 8/30/2023 2:01 PM FELICIA PITRE DISTRICT CLERK …
Aug 07, 2023
OPEN
Filed: 8/30/2023 1:25 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 79068338 …
Aug 25, 2023
Active
Aug 28, 2023
OPEN
Feb 20, 2023
OPEN
FILED 8/8/2023 8:54 PM FELICIA PITRE DISTRICT CLERK …
Feb 20, 2023
OPEN
FILED 8/23/2023 1:19 PM FELICIA PITRE DISTRICT CLERK …
Feb 20, 2023
OPEN
Feb 20, 2023
OPEN
Aug 17, 2023
OPEN
Filed: 8/16/2023 7:47 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 78572606 …
Mar 02, 2023
Active
FILED 8/15/202310:15 AM FELICIA PITRE DISTRICT CLERK …
Aug 07, 2023
OPEN
FILED 8/15/2023 10:03 AM FELICIA PITRE DISTRICT CLERK …
Aug 07, 2023
OPEN
CAUSE NO. Montgomery County Texas IN THE DISTRICT COURT Interpleader vs. MONTGOMERY COUNTY, TEXAS Mariza Elizabeth Vallejo, Stakeholder/Defendant JUDICIAL DISTRICT MONTGOMERY COUNTY’S PETITION IN INTERPLEADER Montgomery County, Texas (hereafter the “Interpleader”) files this Petition…
Aug 14, 2023
Pending
Montgomery County, TX
Aug 14, 2023
DC-23-20528 Filed 8/14/2023 4:11 PM CV59671 Alex Archuleta District Clerk Midland County, Texas CAUSE NO. CV59671 …
Jun 07, 2023
OPEN
FILED 8/11/2023 3:45 PM FELICIA PITRE DISTRICT…
Jun 01, 2023
INACTIVE
Jun 01, 2023
INACTIVE
FILED 8/11/2023 3:17 PM FELICIA PITRE DISTRICT CLERK …
Jun 01, 2023
INACTIVE
FILED 8/10/2023 10:44 AM FELICIA PITRE …
Jul 03, 2023
OPEN
FILED 8/8/2023 8:54 PM FELICIA PITRE DISTRICT CLERK …
Feb 20, 2023
OPEN
Electronically Submitted 8/7/2023 12:00 AM Hidalgo County Clerk Accepted by: Alexis Medina CAUSE NO. CL-23-2683-J AMAZING VALLEY HEALTH …
Jul 11, 2023
Filed
FILED 8/4/2023 11:19 AM FELICIA PITRE DISTRICT CLERK …
Jul 03, 2023
OPEN
Filed: 8/4/2023 12:08 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 78212564 …
Jul 26, 2023
Active
DEBORAH CORLEY INTERVENING IN CAUSE NO: 22-04-05054 ARRON THOMAS OCHS § IN THE DISTRICT COURT OF Plaintiff, And and JESSICA GUOBADIA, AS § GUARDIAN OF THE PERSON AND § ESTATE OF AARON THOMAS OCHS, AN§ INCAPACITATED PERSON Intervenor-Plaintiff § § MONTGOMERY COUNTY, TEXAS § MIC…
Apr 22, 2022
Pending
Nov 08, 2022
OPEN
FILED 8/1/2023 11:44 PM FELICIA PITRE DISTRICT CLERK …
Nov 08, 2022
OPEN
STATE OF TEXAS COUNTY OF HIDALGO AFFIDAVIT BEFORE ME, the undersigned authority a Notaly Public in and for Hidalgo County, Texas, hereby acknowledges that Cesar Yair Cruz a/k/a Yair Cruz who, being 0f sound mind and body, personally appeared before me and after duly sw…
Jun 20, 2023
Filed
Filed: 7/31/2023 3:48 PM J OHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 78052356 …
7/31/2023 4:08:50 PM Marilyn Burgess - District Clerk Harris Count, Envelope No: 78054294 2023-48381 / Court: 334 By: SOLIS, ADILIANI A …
Jul 31, 2023
Active - Civil
Harris County, TX
Jul 31, 2023
Motor Vehicle Accident
FILED 7/31/2023 12:40 PM FELICIA PITRE DISTRICT CLERK …
Feb 11, 2021
RE-OPENED
THE FLYING MOOSE LLC IN THE DISTRICT COURT Plaintiff § 457 JUDICIAL DISTRICT IO GROUP LLC & EMEKA MADUABUCHI & VIVIAN DIAHN QUAYE Defendants MONTGOMERY COUNTY, TEXAS PETITION IN INTERVENTION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Intervenor, Fidelity Home Health Services, LLC (“Fidelity…
May 18, 2023
Pending
7/28/2023 3:47 PM Marilyn Burgess - District Clerk Harris County Envelope No. 78001210 2023-47920 / Court: 113 By: Monica Jackson …
Jul 28, 2023
Active - Civil
FILED 7/28/2023 4:57 PM FELICIA PITRE …
Jul 03, 2023
OPEN
l'lLtlJ 7/27/2023 10:22 AM …
Jun 26, 2023
OPEN
Issue 1 citation (TPP filed 7-26-23)-email to mmartin@ cdklawfirm.com-assignned to EA Case Case Number Description 23-CV-0122 Brandon Olive, Et Al vs. Ashton Houston Residential, LLC d/b/a Ashton Woods Homes Location …
Jan 24, 2023
Active
F'LED DC-23-10313 7/25/2023 7:33 PM FELICIA PITRE …
Jul 25, 2023
CLOSED
Dallas County, TX
Jul 25, 2023
MOYE', ERIC
CAUSE NO. 03324 CHARTER TITLE COMPANY IN THE DISTRICT COURT Plaintiff MONTGOMERY COUNTY, TEXAS WAL MART REAL ESTATE BUSINESS TRUST; PRATAP U. DESAI D/B/A ABC HOLDINGS Defendant 457TH JUDICIAL DISTRICT DEFENDANT WAL MART ESTATE BUSINESS TRUST'S …
Mar 03, 2023
Re-Opened
FILED 7/24/2023 12:45 PM GREG L. RIKARD JUSTICE OF THE PEACE PCT 1 …
Mar 08, 2023
Filed/Open
Galveston County, TX
Jul 24, 2023
Rikard, Gregory L.
Electronically Filed 7/24/2023 12:27 PM Laura Richard County Clerk …
Oct 05, 2022
Active
Fort Bend County, TX
Jul 24, 2023
Via E File Montgomery County Judicial District Court 301 North Main, Suite 200 Conroe, TX 77301 RE: Chicago Title of Texas, LLC Mayo, Cause 3023ATX Dear Sir/Madam: This firm represents Plaintiff Chicago Title of Texas, LLC in the above entitled action. Plaintiff filed an Original Petition in Interpleader June 5, 2023. lease issue an Alias itation he defendant for service by Certified Mail eturn Re…
Jun 05, 2023
Pending
Filed: 7/19/2023 10:24 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 77664157 By: Lisa Kelly …
Dec 02, 2022
Active
Filed: 7/19/2023 4:47 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 77694009 By: Rolande Kain …
Dec 02, 2022
Active
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