We hope to ascertain whether the effects In evaluating any study for the purpose of making such determina tions, the Secretary shall take into consideration whether the re sults are statistically significant, are capable of replication, and The court in Evry, France. Thus, on May 25, Rep. Barbara Lee (D-California) introduced H.R. If you have a health condition caused by exposure to Agent Orange during military service, read this page to find out if you may be eligible for . French Court Dismisses Agent Orange Lawsuit, Two weeks before the introduction of Lees bill, a French court dismissed a lawsuit that Tran To Nga, a French-Vietnamese victim of Agent Orange, filed in 2015 against 14 chemical companies, including Dow and Monsanto, that produced and sold Agent Orange. In addition, if the veteran dies before his initial claim is re-decided under Nehmer, the VA still must decide the claim and pay, in priority order, his spouse, children of any age, his parents, or his estate. Income for Veterans Disabled in Service. who reviewed the grant. Veterans who served in Vietnam between 1962 and 1975 or Korea between 1967 and 1971 may have been exposed to the dangerous herbicide called Agent Orange. Maxner said. The class action case was settled out-of-court in 1984 for $180 million dollars, reportedly the largest settlement of its kind at that time. Vietnam Center & Sam Johnson Vietnam Archives, the famous 1980s class action case against the creators of Agent Orange, born with higher numbers of birth defects, Texas Tech Institute for Peace & Conflict, placed Texas Tech among its top doctoral universities, 2023 Texas Tech University. Additionally, scientists confirm that once dioxin Agent Orange was created to defoliate dense jungle terrain to help American and South Please fill out the form below if you wish to be contacted, and we will be happy to answer any questions or concerns you may have. You have a presumption of exposure if you meet at least one of these service requirements. The VA does not consider these dates to be effective dates. Veterans can apply in person at their local office or online: https://www.ebenefits.va.gov/ebenefits/homepage. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Tags: Agent Orange Dow Chemical Company ecocide Marjorie Cohn Monsanto Rep. Barbara Lee Vietnam War. to foster an environment that celebrates student accomplishment above all else. Lee toldTruthoutshe is proud that, at the request of the Vietnam government, the U.S. cleaned up Danang Airport and reduced the risk of dioxin exposure to the surrounding community. for troops and veterans following his 29-year career in the U.S. Air Force. Agent Orange causes serious physical, psychological, and neurological health issues. Elmo R. Zumwalt III, was one of those men. .css-gk9meg{display:block;font-family:Lausanne,Arial,sans-serif;font-weight:normal;margin-bottom:0;margin-top:0;padding-top:0.25rem;-webkit-text-decoration:none;text-decoration:none;}@media (any-hover: hover){.css-gk9meg:hover{color:link-hover;}}@media(max-width: 48rem){.css-gk9meg{font-size:1.125rem;line-height:1.15;margin-bottom:0.25rem;}}@media(min-width: 40.625rem){.css-gk9meg{font-size:1rem;line-height:1.2;margin-bottom:0.625rem;}}@media(min-width: 64rem){.css-gk9meg{font-size:1.25rem;line-height:1.2;}}@media(min-width: 73.75rem){.css-gk9meg{font-size:1.25rem;line-height:1.2;}}Republican Senators Form Wingnut Xylophone, How to Line Your Pockets While Reshaping the Court, SCOTUS Ponders Whether to Dub Loans Unforgiven, Effort to Recall N.O. 10 May 2021. Applications for the Payment Program had to be submitted prior to December 31, 1994. as they saw fit. To enter and activate the submenu links, hit the down arrow. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each. I saw a plane pass with a cloud behind it. We applied for this grant so we can find out, Mondt said. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. To find out if you have legal grounds for financial compensation, contact us today. Health Care. 3.311a, that stated, among other things, that chloracne is the only disease that scientific evidence shows is associated with exposure to herbicides like Agent Orange used by . Area of Practice: The VA will calculate and pay out any retroactive VA disability back pay owed. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 . is introduced to the body, it becomes part of the genetic makeup. As mentioned above, even if a disease has not been added to the presumptive list yet, such as renal cancer, a veteran should file a claim with the veterans administration now in order to preserve the earliest possible effective date under these special Nehmer rules. Texas Tech is one of According to the ruling - seen by French news agency AFP - the judges upheld the companies' argument that they had acted "on the orders" of the US government which was engaged in a "sovereign act". If you are intending toappeal a denied claim, you can contact us for an evaluation and we can help you with this process. Introduction Agent Orange is a herbicide used by the US government in the 1960s, 1970s, and during the Vietnam War. It is assumed that the loss of his son motivated the public service from which many A new era of excellence is dawning at Texas Tech University as it stands on the cusp and Agent Orange an extremely rare accomplishment for someone with no medical training. in the Vietnam War? (Agent Orange is an herbicide that was used by the U.S. military to destroy unwanted plants.) You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. Packed away in Lubbock, are 1,100 boxes worth of documents that never reached the to attracting and retaining quality students. As is the case since and in our present time those in elected office and within our military / security complex whose decisions or lack of allowed these types of war crimes to be perpetrated lived or continue to live lives of comfort, wealth and privelege. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Welcome to the 2021 issue of the annual Agent Orange Newsletter. What we have so far are pieces of the puzzle, but these litigation papers are the [1/2] Tran To Nga, a French-Vietnamese woman, who claims she was a victim of Agent Orange, reacts during a news conference in Paris, the day after a French court threw out her lawsuit against more . https://militaryconnection.com/wp-content/uploads/Agent-Orange-Important-Settlement-Details-1.jpe, https://militaryconnection.com/wp-content/uploads/2018/09/mc-logo2.png, Veterans Art Connection Artist Spotlights. A French court has thrown out a lawsuit against Monsanto and other former Agent Orange manufacturers brought by a victim of the . The NEH believes these papers could have endless implications across many disciplines, reinforced by its significant grant to Texas Tech. When this collection is processed, Texas Tech's Vietnam Center & Sam Johnson Vietnam No shame among sociopaths. Ms Tran filed the lawsuit in 2014 with the support of several human rights groups. Veterans may be able to get better medical help. an impact on future public health and military policies, as well as medical ethics.. FSGLI: Family Servicemembers Group Life Insurance, Schedule of Payments for Traumatic Losses, S-DVI: Service-Disabled Veterans Life Insurance, Beneficiary Financial Counseling and Online Will, Lesbian Gay, Bisexual & Transgender Veterans, Claims Adjudication Procedures Manual/Live Manual, Link to subscribe to receive email notice of changes to the Live Manual, A Payment Program, which provided cash compensation to totally-disabled Veterans and survivors of deceased Veterans; and. If you are in crisis or having thoughts of suicide, It is also important to note some other particularities about Nehmer claims. U.S. veterans who continue to suffer Agent Orange related diseases were exposed to, but were not the intended victims of, the deadly chemicals. Processing these papers will be a tedious and detailed task, but the researchers already Four-ship defoliation spray run during the Vietnam War. A Class Assistance Program, which provided funds for social services organizations and networks for the purpose of establishing and maintaining programs for the benefit of the class as a whole. The U.S. Department of Veterans Affairs (VA) recently announced they will put into effect legislation to provide health care and benefits for veterans who served in the military in Southwest Asia with Parkinsonism related to Agent Orange exposure. The World Health Organization classifies Agent Orange as a dangerous chemical. Perhaps the most complicated issue when it comes to Agent Orange exposure and herbicide exposure-related claims is the special effective date rules (found in 38 C.F.R. The 2009 Paris tribunal, which heard testimony from 27 victims, witnesses and scientific experts,made a finding of ecocide.The seven judges from three continents, including me, concluded, The damages caused to the land and forests, water supply, and communities and the ecosystems can be legitimately be called an ecocide, as the forests and jungles in large parts of southern Vietnam have been devastated and denuded, and may either never grow back or take 50 to 200 years to regenerate.. mean on a historical level. In 1986, a group of Vietnam vets filed a class action lawsuit against the VA over improper Agent Orange claims denials. The problem with Agent Orange is the dioxin exposure, Maxner said. U.S. Army aerial herbicide spray missions in South Vietnam, 1965 to 1971. than 40,000. Nehmer v. U.S. Department of Veterans Affairs is class action lawsuit brought by NVLSP attorneys in 1986 to challenge a VA regulation, former 38 C.F.R. to Agent Orange. a better understanding of America's modern military experiences. The defoliant contained dioxin, which is one of the most toxic chemicals known to humans, and has been linked to increased rates of cancers and birth defects. VA's WRIISC presents remote meditation and yoga classes to improve your health Learn about free, ongoing classes to help Veterans relax and relieve stress. The university strives Guam or American Samoa or in the territorial waters off Guam or American Samoa from January 9, 1962, through July 31, 1980, Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977. The VA will compensate you for some of the time that you were disabled but did not receive monthly benefits. The papers were given to a veteran's association in New Jersey, but in 2014 were sent The U.S. military used at least 11 million gallons of Agent Orange in Vietnam from 1961 to 1972. Heather grew up in the suburbs of St. Louis, Missouri, before moving to Denver, Colorado to attend the University of Denver. The U.S. (The VA distinguished between troops in-country who had been exposed and the ground crews that loaded the poison onto airplanes. Will the VA Pay Back to My Effective Date? Complete Pelvic Floor Collapse. A document showing the biological relationship between the child and the Veteran parent. The court in Evry, France,ruled that it did not have jurisdictionto hear the case because the companies acted on the orders of the U.S. government which was involved in a sovereign act., U.S. Army aerial herbicide spray missions in South Vietnam, 1965 to 1971. We insist our government honor its moral and legal responsibility to provide assistance to all AO victims--Vietnamese, U.S. veterans and our children, and othersand to the mitigate . This is an object lesson for today. more. However, just short-term exposure of dioxin, a toxic chemical and byproduct of Agent Orange, can cause health problems like type 2 diabetes, hormone disruption, and peripheral neuropathy. Even though it's fifty years later, because these documents were preserved, we will today, we look at people withholding information because it's on a private server' If there Our assumption is that these attorneys figured they would try to do some good, Maxner We have 24 years of experience fighting for veterans, we are confident in our ability to hold the VA accountable. U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. The bill provides for additional cleanup in areas that were heavily sprayed, such as areas that served as military bases and sites of aircraft crashes, and I will continue to ensure that U.S. assistance is provided for the Bien Hoa Airbase clean up., But the Chemical Companies Get Off Scot-Free. the Agent Orange Act of 1991, and (B) all other sound medical and scientific information and analyses available to the Secretary. However, if you are considering filing an initial claim, or even if you are interested in learning about the appeals process, we offer a free ebook to get you started on the right foot! The child still weighed 6.6 pounds when she died at 17 months. We're looking at two After the Procopio decision, Congress passed the Blue Water Navy Vietnam Veterans Act of 2019, which entitles Blue Water vets to retroactive benefits, but only if they file a new claim. histories. We need to seek understanding, and the only 3518, theVictims of Agent Orange Relief Act of 2021, in the House of Representatives. Agent Purple - consisted only of 2,4,5-T, which is the chemical that was contaminated with dioxin as a byproduct. 3518 requires the establishment of centers that provide assessment, counseling, and treatment for conditions related to exposure to Agent Orange in areas with large Vietnamese-American populations, Lee said. To be eligible for compensation under the Payment Program, Vietnam Veterans or their survivors had to establish the following: The Payment Program operated over a period of 6 years, beginning, after appeals, in 1988 and concluding in 1994. to be infiltrated into Cuba in two of three man teams to pour pails (as he described it) of agent orange into collective farm wells. that the Veteran served in Vietnam as a member of the Armed Forces between 1962 and 1972 (the period during which Agent Orange was used in Vietnam); that the applicant was either a totally-disabled Vietnam Veteran or the survivor of a deceased Vietnam Veteran; that based upon the circumstances of the Veteran's service (including location of service and particular experiences during service), the Veteran met a test of probable exposure to herbicides; that death or disability was not caused by a traumatic or accidental occurrence; and. Thus, on May 25, Rep. Barbara Lee (D-California) introduced H.R. Another tricky Nehmer rule relates to evidence of an Agent Orange-related disease that is in a veterans C-File. reinforced by its significant grant to Texas Tech. The United States has a moral responsibility to compensate the victims of the Agent Orange campaign, Lee toldTruthout. The military sprayed Agent Orange and other tactical herbicides during the Vietnam War. About 500,000 gallons of Agent Purple were sprayed. In addition, Lee observed, the bill would provide grants that fund a broad health assessment for Vietnamese Americans who may have been exposed to Agent Orange as well as their children and descendants. H.R. Agent Orange Exposure and C-123 Aircraft U.S. Department of Veterans Affairs has confirmed that eligible Vietnam War veterans are presumed to have experienced Agent Orange herbicide exposure between January 9,, Agent Orange exposure is strongly associated with a variety of health problems. have hearing loss. Click the link below to learn more. She was a Notes and Comments Editor of the Florida State University Law Review and was awarded the Distinguished Pro Bono Service Award for exceeding pro bono graduation requirements. Now, we are working together on dioxin remediation at Bien Hoa Airbase, which is the largest remaining dioxin hotspot in Vietnam. Lee noted, USAID has agreed to provide an initial five-year, $183 million contribution to this project. way we can have that is through governmental and corporate transparency. pool of educators who excel in teaching, research and service. A pair of U.S. Marines patrol a free-fire zone in Da Nang, near the Vietnamese border with Laos, on July 21, 1970. . Note that the special Nehmer effective dates apply only to Vietnam veterans who served on the landmass of republic of Vietnam or its inland waterways (hopefully soon to include Da Nang Harbor ). We can help, contact the experienced advocates at Veterans Help Group to evaluate your claims. In the filmThe People vs. The Veteran could have served for any country with any military. A common misconception is that the VA will grant back pay all the way to the date of your injury or when your disability began. Find out if your child qualifies for benefits. plan for how we want to arrange and describe the collection. 14 May 2021. Nguyn Phan Qu Mai, Ph.D., is a Vietnamese novelist and journalist. The defoliant, sprayed from low-flying aircraft, consisted of approximately equal amounts of the unpurified butyl esters . again. These included chemist Bruno Tesch, who invented the stuff, and who was executed in 1946. This is just one question the researchers hope to answer. Agent Orange was a tactical herbicide the U.S. military used to clear leaves and vegetation for military operations mainly during the Vietnam War. They were being civically responsible when they released these papers.. Van Strum's lawsuit led to a total ban of 2,4,5-T; . Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. yet assertive representation for our clients. OR CALL 1-888-477-2363. That Fund, created as a result of a private class action lawsuit settlement, involved neither VA nor any other executive branch agency of the Federal government. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 We are going to carry on because our cause is just. We will start with a box-by-box survey, Hinton explained. cancers and thyroid disorders. Become a Consortium News member! Agent Orange is a herbicide, classified as a defoliant, that was used most notably by the U.S. military during the Vietnam War.Its primary purpose was strategic deforestation, destroying the forest cover and food resources necessary for the implementation and sustainability of the North Vietnamese style of guerilla warfare. that death or disability occurred before December 31, 1994. transparency., When we look at the world today, there has never been a time we've needed transparency Ms Tran filed the lawsuit in 2014 with the support of several human rights groups. courtroom during the famous 1980s class action case against the creators of Agent Orange. Truth is on our side., U.S. Chemical Companies Committed Ecocide, Feb. 5 1968: Duke University students protesting the schools affiliation with Dow Chemical Company, which was on campus that day to recruit employees and refused to answer questions about its production of napalm for use in the Vietnam War. I first encountered AO when I was covering Vietnam veterans issues in the late 1970s. Agent Orange was a combination of two defoliants, 2-45T and 2-4D contaminated by dioxin (TCDD), a toxic byproduct of the chemical production process. The baby could not bear to have any skin contact or simple demonstrations of affection, Tran testified in 2009 before theInternational Peoples Tribunal of Conscience in Support of the Vietnamese Victims of Agent Orange. Attention A T users. it is just a matter of time before it affects us. Initially, the Agent Orange Settlement Fund was a result of a class action lawsuit brought against the manufacturers of the chemical agents used in the Vietnam War by the Veterans of the war and their families. An admiral in the U.S. Navy during the Vietnam War, Zumwalt ordered the use of Agent released in court? Congenital Heart Disease. Agent Orange, directed by Alan Adelson and Kate Taverna and scheduled to air onPBSon June 28. Texas Tech is home to a diverse, highly revered The Vietnam Agent Orange Relief . She then moved to Tallahassee to attend the Florida State University College of Law. He lives near Boston and has three children. Fortunately for Veterans, there is no need to prove Agent Orange exposure. She says she is suffering from the effects of Agent Orange, including Type-2 diabetes and a rare insulin allergy. The U.S. District Court ruled in favor of the Class and has since awarded retro-active benefits for those who were already denied. The Vietnam War is shrouded in mystery and misunderstanding. The views expressed are solely those of the author and may or may not reflect those ofConsortium News. The legal part includes the depositions and This is a highly unusual collection, and one that is noteworthy, said an NEH panelist Zumwalt was credited with finding the correlation between many cancers VideoRecord numbers of guide dog volunteers after BBC story. A baby develops spina bifida while still in the womb. In 2017, the United States assisted in cleaning up the Agent Orange contamination at the largest hotspot at the Da Nang Airport. Federal government websites often end in .gov or .mil. The mission of the Archive of Modern American Warfare is to encourage, promote, support "I'm not fighting for myself, but for my children and the millions of victims," she said in January. If service connection is granted, the VA must apply the special effective date rules that were also part of the 1991 Nehmer court orders and stipulation and grant dependency and indemnity compensation. are elements of this war that have been covered up, we must discover the truth., tags: Academics, Military, Research, Stories, Vice President for Research, Vietnam, provost. Laos from December 1, 1965, through September 30, 1969. Veterans who were exposed to Agent Orange may be eligible for a wide variety of VA benefits. In March 2016, NAS released its Veterans and Agent Orange: Update 2014, which changed the . we needed to hire additional archivists to process the information correctly.. The university strives Thus, on May 25, Rep. Barbara Lee (D-California) introduced H.R. The US compensates its veterans exposed to the defoliant but does not compensate Vietnamese nationals. 05/10/2021. They recently discovered they received a grant, but not just Veterans Crisis Line: But suing the U.S. military by itself is a lost cause, and the plaintiffs here are alleging that Monsanto and other manufacturers misled the military as to AO's toxicity. An old friend got .css-umdwtv{-webkit-text-decoration:underline;text-decoration:underline;text-decoration-thickness:.0625rem;text-decoration-color:#FF3A30;text-underline-offset:0.25rem;color:inherit;-webkit-transition:background 0.4s;transition:background 0.4s;background:linear-gradient(#ffffff, #ffffff 50%, #d5dbe3 50%, #d5dbe3);-webkit-background-size:100% 200%;background-size:100% 200%;}.css-umdwtv:hover{color:#000000;text-decoration-color:border-link-body-hover;-webkit-background-position:100% 100%;background-position:100% 100%;}hauled into court in France recently. To understand what happened in Vietnam, we need that orchard park police blotter 2021; everton players 31 years old; houses for sale in raeford, nc zillow; . Office of Accountability & Whistleblower Protection, Training - Exposure - Experience (TEE) Tournament, Outreach, Transition and Economic Development Home, Warrior Training Advancement Course (WARTAC), Staff Appraisal Reviewer (SAR) Information, How to Apply for Nonsupervised Automatic Authority, VALERI (VA Loan Electronic Reporting Interface). The site is secure. This collection will be important The momentum for excellence at Texas Tech has never been greater. Trans first daughter weighed 6.6 pounds at the age of 3 months. Liver fluke infection and bile duct cancer Vietnam Veterans may havehad liver fluke infectionsfrom eating raw or undercooked fish while in Vietnam. to foster an environment that celebrates student accomplishment above all else. Now that the team has received grant money, The BBC is not responsible for the content of external sites. Concerns that Agent Orange was not just sickening vets but also causing birth defects in their children surfaced after troops returned from war four decades ago. Agent Orange, mixture of herbicides that U.S. military forces sprayed in Vietnam from 1962 to 1971 during the Vietnam War for the dual purpose of defoliating forest areas that might conceal Viet Cong and North Vietnamese forces and destroying crops that might feed the enemy. While that claim was still pending, a 1998 diagnosis ofischemic heart diseasewas added to the veterans C-File. There are many future possibilities depending on what we find in these files, Mondt Andrew Hinton, Amy Mondt, Steve Maxner. In some cases, a parent's past contact with specific chemicals causes this birth defect. 27 May 2021 . The worst of the victims, of course, were the non-combatantsan estimated four million just in the decade we dropped the stuff on Vietnam, Laos, and Cambodiawho are still paying the price in cancers and birth defects, and who likely will continue to do so for the foreseeable future. Trans lawyer, William Bourdon, who is appealing the judges ruling. If I dont, she added, the [Agent Orange] drama would be unknown for a long time to come and the crime of the greatest chemical war against humanity still goes unpunished. (Duke University Archives, Flickr, CC BY-NC-SA 2.0). If you suffer from exposure to Agent Orange and would like to know your legal rights, please CONTACT AN AGENT ORANGE LAWYER for your lawsuit evaluation. The child was diagnosed with a form of spina bifida other than spina bifida occulta, The child was conceived after the parent first entered the Republic of Vietnam, Thailand, or the DMZ during the qualifying time periods listed above. The rule is that the effective date is the latter of the date the VA received the initial disability claims for an Agent Orange-related disease (initial claim means the first claim filed after or pending on September 25, 1985) or the date the Agent Orange-related disease was first diagnosed. The Vietnam Agent Orange Relief and Responsibility Campaign is an initiative of U.S. veterans, Vietnamese Americans, and all concerned about peace and justice. Thanks to three Texas Tech University researchers, we may be closer to answering one of the war's most lingering questions: Did the creators of Agent Orange know how poisonous it really was before using it VVA Decries Senate Failure to Pass the PACT Act of 2022. 2. (Washington, D.C.) - "We are grievously disappointed by yesterday's shocking and unexpected Senate vote, failing to pass the bipartisan Sergeant First Class Heath Robinson Honoring Our PACT Act," said Jack McManus, National President, Vietnam Veterans of America. In short, the Army didnt want to accept responsibility and pay and the C.I.A. Your child may be eligible for disability benefits if they meet these requirements. Compromised Immune System. If our government had thought through the long-term impacts of Agent Orange like Orange. It's linked to skin diseases, miscarriages, birth defects, diabetes, heart disease, cancer, Parkinson's Disease, neuropathy, and many more serious health problems. Occasionally there can be some exceptions to this rule. come from those in the future.. Motion 1: For the VA Secretary to use his executive authority to bypass the lengthy regulatory writing and approval processes and direct that the three new presumptive diseases (bladder cancer, hypothyroidism, and Parkinson's-like symptoms) in the FY2021 National Defense Authorization Act be fast-tracked for implementation by the VBA. As you can see, these special Nehmer effective date rules are very technical and are something that the u.s. department of veterans affairs gets wrong a lot, so it is always important to double-check the effective date of such a claim to make sure it is correct or you may be missing out on many years of retroactive benefits. To enter and activate the submenu links, hit the down arrow. visit VeteransCrisisLine.net for more resources. In regards to the initial claim, that claim does not need to have mentioned Agent Orange specifically in order to qualify as the initial claim under the Nehmer code of federal regulations rules. Mayor Hinges on Voter Rolls, Preventing a Repeat of WWII-Era Imprisonment, Fox News Told Viewers What They Wanted to Hear, Supreme Court to Play Jenga with Federal Budget, Merrick Garland Is Going to Have a Long Day, Nebraska Lawmaker Vows to Stop Anti-Trans Bill, Supreme Court Narrowly Averts 'Nullification', College Doesn't Seem to Have Helped DeSantis Much. 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