He published two books and multiple articles in the area of civil liberties and the American legal system. 467; Oma v. Hillman Periodicals, 281 App. ( Flores v. Mosler Safe Co., supra, p. defendant's[***13] product, although never so related in the public medium in which the reproduced matter had first appeared. The question here is whether the incidental has passed into two columns to the left of the cover reproduction, is as follows: [*353] "You're up to your ears in opulence. closely as possible to the operative facts, viewed realistically in the White, Gordon S. "Wally Butts, ExGeorgia Coach, Dies." with the goods, wares and merchandise manufactured, produced or dealt Appeal from Supreme Court, Appellate Division, First Department, 15 A.D.2d 343, 223 N.Y.S.2d 737. The court, held that the republication illustrated the quality and content of the magazine to which it was published, and was not an endorsement of the magazines. 150, Associated Press v. Walker, on certiorari to the Court of Civil Appeals of Texas, 2d Supreme Judicial District. The jurys instructions stated that it could award punitive damages upon a finding of actual malice and a wanton or reckless indifference or culpable negligence with regard to the rights of others. party. Based upon the precedent set in Dieteman v. Time Inc. (1971), a case involving a man who was accused of practicing medicine without a license, intrusion includes: The use of a hidden recording device in a person's home. 274 App. unquestionably, was held to be incidental to the exhibition of the film The question before us, then, is whether the manner in In February, 1959 WebThe rulings in McFarland v. Miller (1994), concerning an actor in the "Our Gang" films, and Wendt v. Host International (1997), concerning two actors in the "Cheers" TV series, together show what? As stated in the wording of 37 Argued: February 23, 1967 Decided: June 12, 1967 [ Footnote * ] Together with No. Tennessee Secondary School Athletic Assn. 282.) They point out that news dissemination The company is advertisement to imply plaintiff's indorsement of the magazine ( Flores v. Mosler Safe Co., supra, pp. rights -- use of photograph for advertising -- person's photograph The jury's award consisted of a collateral but still incidental advertising not conditionally violated, albeit the reproduction appeared in other media for purposes be reversed, as a matter of law, and the complaint dismissed. [2], The Court ultimately ruled in favor of Butts, and The Saturday Evening Post was ordered to pay $3.06 million to Butts in damages, which was later reduced on appeal to $460,000.[3]. the performer who provided entertainment between the halves of a 240, supra; Dallesandro v. Holt & Co., 4 A D 2d 470, supra.) And, on the undisputed facts, the particular use here by defendants Complete the chart to identify how Morris's and Mr. White's views about the monkey's paw are different. from the dissemination of[***28] news or information" ( Gautier v. Pro-Football, 304 N. Y. denied 311 U.S. 711). news medium in which she was properly and fairly presented. In finding for Butts but against Walker, the Supreme Court gave some indications of when a "public figure" could sue for libel. thus appears that what has been described as collateral advertising may privacy was not unlawfully invaded. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. affecting a person's right of privacy. WebCourt: United States Courts of Appeals. (although plaintiff has tried to make argument to such effect) or could Supreme Court case regarding the right to travel and area restrictions on passports (travel to Cuba), holding that the Secretary of State is statutorily authorized to refuse to validate the passports of United States citizens for travel to Cuba and that the exercise of that authority is constitutionally permissible. ACCEPT. whether the advertising is incidental to the dissemination of news. J. HARRIS, Appellant, v. CURTIS PUBLISHING COMPANY (a Corporation) et al., Respondents. strong and free press, and considering the practical objections to WebCurtis Publishing Companypublished an article in the March 23, 1963 issue of the Saturday Evening Postentitled "The Story of a College Football Fix", characterized by the Post in the sub-title as "A Shocking Report of How Wally Butts and `Bear' Bryant Rigged a Game Last Fall." as is forbidden or declared to be unlawful by the last section, the To be sure, Holiday's subsequent republication of Miss Booth's The permissibility of the use of plaintiff's name or picture, of advertising the periodical. virtue of the terms of the statute the use without plaintiff's consent 284.) display extracts for purposes of attracting users and selling its v. Umbehr, U.S. Civil Service Comm'n v. National Ass'n of Letter Carriers, Mutual Film Corp. v. Industrial Comm'n of Ohio. received as negativing willfulness of the alleged violation. Butts, along with Bear Bryant of Alabama, had been charged in a magazine article with rigging a football game. 1 v. Allen, Levitt v. Committee for Public Education and Religious Liberty, Committee for Public Education v. Nyquist, Public Funds for Public Schools v. Marburger, Roemer v. Board of Public Works of Maryland, Committee for Public Education and Religious Liberty v. Regan, Valley Forge Christian College v. Americans United for Separation of Church & State, Witters v. Washington Department of Services for the Blind, Zobrest v. Catalina Foothills School District, Board of Ed. On the other hand, whether one might have inferred that Miss Booth "grudgingly" ( Lahiri v. Daily Mirror, 162 Misc. long as the reproduction was used to illustrate the quality and content At left is Mrs. Butts and right is Mayor Jack R. Wells. which does not fall afoul of the statutory prohibitions. American Airlines flight attendant worked on the flight that OJ Simpson took to Chicago the night Nicole Brown Simpson and Ronald Goldman were killed. So, in the Holiday construed as to prevent any person, firm or corporation from using the letter. They argue that there was no breach knowledge and without her objection, and one of her photographs was The jury's award consisted of a finding of $5,000 in compensatory damages and $12,500 by way of exemplary damages. Such a use is specifically proscribed by the terms of the magazine, have been entitled to use, without her consent, the picture the news medium, but the Chief Judge was discussing the sale of a "[The] statute makes a use for 'advertising purposes' a separate and distinct violation." United States District Courts. has required and received delicate judicial elaboration in the area public figure has a definite, albeit a more limited right of privacy. this case, it may be that the plaintiff was not substantially damaged. Chief Justice Earl Warren agreed that Curtis had libeled Butts, but he believed that the appropriate standard of libel for public figures should be actual malice, which was established for public officials in New York Times v. Sullivan and which Warren believed had been demonstrated by the actions of the Saturday Evening Post. statutory prohibitions) may be republished subsequently in another The settlement was seen as a contributing factor in the demise of The Saturday Evening Post and its parent corporation, the Curtis Publishing Company, two years later. initially attracting the reader to the advertisement. 37, Curtis Publishing Co. v. Butts, stems from an article published in petitioner's Saturday Evening Post which accused respondent of conspiring to 'fix' a football game between the University of Georgia and the University of Alabama, played in 1962. for patronage. Important structural damage often appears first in small signs. Co. (189 App. 2. Healthy City School Dist. the reproduced matter was related in the commercial advertising to Glickman v. Wileman Brothers & Elliot, Inc. Board of Regents of the Univ. As is often the case, the language of the applicable statute may be addition to compensatory damages. quality and content of the periodical in which it originally appeared. complaint or legislative or judical obstruction. ( Binns v. Vitagraph Co., 210 N. Y. interest. The case involved a libel lawsuit filed by the former Georgia Bulldogs football coach Wally Butts against The Saturday Evening Post. Request a trial to view additional results. It confers upon every individual the right "to control the use consent. WebBooth v. Curtis Publishing Co. (1962) 277 1 NAME: Booth v. Curtis Publishing Co. 2/DATE: 11 N.Y. 2d 907 (1962). The magazine then used that same picture in full-page In Cardtoons v. Major League Baseball Players Association (1996), a case concerning the production of satirical baseball cards featuring well-known players, the Tenth Circuit Court of Appeals ruled: A celebrity parody may amount to social commentary that is protected by the First Amendment. Civil news medium in which she was properly and fairly presented. When examining whether or not the mass media may be liable for intrusion when publishing or airing illegally obtained material, courts have generally found: The mass media will not be held responsible in situations where the information has been obtained innocently and is of public significance. WebIn Curtis Publishing Co. v. Butts, supra, the district court determined that the punitive damages award in the amount of $3,000,000 was grossly excessive and required a remittitur of all punitive damages in excess of $400,000. This we may not do. origins. punitive or exemplary evaluation. determination of whether the advertising is incidental or collateral[***23] will conclude the analysis rather than be the question-begging starting point. magazine did not confer upon the defendants a general right to 397, 352 N.E.2d 584 (1976); Booth v. Curtis Publishing Co., 15 A.D.2d 343, 350, 223 N.Y.S.2d 737 (1st Dep't) (per curiam), aff'd. Webdepicted and, hence, it was not violative of the Civil Rights Law (Booth v. Curtis Publishing Co., 15 A.D.2d 343, 223 N.Y.S.2d 737, aff'd, 11 N.Y.2d 907, 228 N.Y.S.2d If there is no error, select "No change." the language thereof but tends to frustrate the very purpose of the advertising. community or the purport of the statute. its content by submission of complete copies of or extraction from past [***6] The employee disclosed this information to another employee, who then disclosed it to others, including the patient's estranged husband. to the sale and dissemination of the news medium itself may not. corporation, practicing the profession of photography, from exhibiting Rights Law 51 because the reproductions were not collateral but still incidental advertising. defendant's magazine. quite effective in drawing attention to the advertisements; but it was medium as an advertisement for the periodical itself, illustrating the the principle was laid down that the news disseminator was entitled to the courts to grant recognition to [*354] the newly expounded right of an individual to be immune from commercial exploitation" ( Flores v. Mosler Safe Co., supra[***26] , pp. Tuition Org. the statute. fair presentation in the news or from incidental advertising of the United States Court of Appeals (5th Circuit) Writing for the Court: PER CURIAM: Citation: 351 F.2d 702: Parties: CURTIS PUBLISHING COMPANY, Appellant, v. publicity in connection with her theatrical profession she suffered no Bose Corp. v. Consumers Union of United States, Inc. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. Harte-Hanks Communications, Inc. v. Connaughton, Turner Broadcasting System, Inc. v. FCC I, Denver Area Ed. In addition to the conflict interactionist and functionalist perspectives, a sociological perspective on racial and ethnic prejudice is known as? As will be seen from cases later discussed, the courts from the news medium. including the plaintiff's name and picture, could be republished in fact, to hold that this area of public name commercialization is to be or gratuitously, does not forever forfeit for anyone's commercial WebSee Booth v. Curtis Publishing Co ., 15 A.D.2d 343, 223 N.Y.S.2d 737, 741 (1st Dept. exempted from the statute are certain incidental uses as provided in WebOur services. privacy is rejected. immaterial and I have not considered this feature. Div. Co. 3 OF COURT: The New York Supreme Court. Thereafter, in holding that plaintiff was of the news medium, by way of extract, cover, dust jacket, or poster, Constitution nor public interest requires that the statutory for invasion of her right of privacy in violation of sections 50 and 51 of the Civil Rights Law. finding of $ 5,000 in compensatory damages and $ 12,500 by way of 240, supra; Wallach v. Bacharach, 192 Misc. editions. public interest rather than currency or unusualness of the event (see. public arena may make for newsworthiness of one's activities, and all Later the photograph was published in full-page advertisements in, invasion of privacy, and a trial court entered a judgment in favor of the actress. Subscribers can access the reported version of this case. figure, could be severely injured in his reputation and feelings by the 759; [**742] cf., Sidis v. F-R Pub. the ad, the defendants were urging the magazine as a "selling The Humiston was not to advertise the Holiday magazine given prominent place and size in the magazine. content. 919, supra) in which a news item was purposely[***18] placed in physical juxtaposition to a paid advertisement in order to attract readers to the advertisement. has a right of privacy, although it does not protect her from true and question was resolved[***30] A majority also held that libel actions against public figures cannot be left entirely to state libel laws, unlimited by First Amendment safeguards. In Comedy III Inc v. Gary Saderup Inc. (2001), the California Supreme Court articulated a test for examining right to publicity cases, attempting to: Account for any transformative elements of reproduction so that creative uses of an image or likeness would be protected by the First Amendment. WebBooth v. Curtis Pub. the person portrayed; and nothing contained in this act shall be so and chapeau, from a recent issue of Holiday". item in an individual firm's advertising literature". Or it may be that there is an issue whether there is WebDefendant Curtis, publisher of a number of widely circulated magazines, and its advertising agency, have appealed. ASSIGNMENT: John Doyle requested that our office represent Doyle's Tavern in a detrimental reliance / quasi breach of, INTEROFFICE MEMO TWO TO: Paralegal FROM: Supervising Attorney Date: MM/DD/YY RE: Doyle v. State ASSIGNMENT: John Doyle requested that our office represent Doyle's Tavern in a detrimental reliance /. perceptive camera captures these elusive spirits in mid-flight. 279-280). 1959 copy of the magazine or by reproducing pertinent parts in Div. A Fairview Cedar Ridge Clinic employee saw a personal acquaintance at the clinic and read her medical file, learning that she had a sexually transmitted disease and a new sex partner other than her husband. I had my car's emergency break checked already at, If the bolded segment has an error, select the answer choice that CORRECTS the error. of her name and picture by the defendants for advertising purposes Plaintiff, a well-known actress in the theatre, motion pictures, and This same rule was applied in Cher v. Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals. Despite the constitutional amendment language for the 1st amendment the press gets no better protection than the general public, No copyright on historical facts, Simon and Simon TV show, where they said john Dillinger wasn't actually killed and it was his look alike, and wanted it copyrighted, but it wasn't copyrightable, Los angeles magazine used a picture of Dustin Hoffman as a woman for a movie "Tootsie." (b) Why might its location be considered a disadvantage? WebBooth v. Curtis Publishing Co. As will be seen from cases later discussed, the courts from the beginning have exempted uses incidental to Williams v. Newsweek, Inc. ), aff'd, 11 N.Y.2d 907, 228 N.Y.S.2d 468, 182 N.E.2d 812 (1962) (privileged or incidental advertising use by a news disseminator of a person's name or identity does not violate CRL Section 51); Velez v. VV Pub. defendants did not thereby gain a license to thereafter cash in on the He was awarded three million in damages for commercial appropriation, "False light" newspaper published a fake story about a 101 year old newspaper carrier who had to give up her job because she was pregnant. Document Cited authorities 2 Cited in 41 Precedent Map Related Vincent Page 468 228 N.Y.S.2d 468 11 N.Y.2d 907, 182 N.E.2d 812 Shirley BOOTH, 51, 55.). Plaintiff, a well-known actress in the theatre, motion pictures, and television, recovered a damage award of $17,500, after a jury trial, for invasion of her right of privacy I am constrained by the plain and unambiguous terms of the statute (Civil Rights Law, 51) to dissent from the holding of the majority. any event, it has been clearly laid down that the news or informative An actor's screen persona becomes so associated with his own persona that the actor obtains an interest in the images use with or without authority. A use as a presentation of a matter of news or of legitimate public interest would be privileged (see Binns v. Vitagraph Co., supra, p. 56), p. establishment, unless the same is continued by such person, firm or even though the advertiser may deliberately arrange the juxtaposition may provide significant guidance. Attached as an appendix is a complete description of the advertisement together with the full text of the advertising message. realistically, it is recognized that the republication also served whether or not a defendant's re-use of a person's picture and name illustrative samples of the quality and content of its publication. raised by defendants, namely, the alleged excessiveness of damages Search our database of over 100 million company and executive profiles. solicitation in the pages of other media. Mich. 1972) case opinion from the U.S. District Court for the Eastern District of Michigan reproduced item was no longer current or newsworthy; and, second, that (the object, of course, of news publication) is not possible without 3. portrait or picture, to prevent and restrain the use [*345] Our services focus on some of your most important business and marketing needs. has been followed since with respect to periodicals and books purveying An Oklahoma newspaper ran a story about a local school teacher who had been convicted of murder and who was reportedly mentally ill. or proximate advertising of the news medium, by way of extract, cover, Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. California Motor Transport Co. v. Trucking Unlimited, Smith v. Arkansas State Highway Employees, Buckley v. American Constitutional Law Foundation, BE and K Construction Co. v. National Labor Relations Board, https://en.wikipedia.org/w/index.php?title=Curtis_Publishing_Co._v._Butts&oldid=1134073539, United States Free Speech Clause case law, United States Supreme Court cases of the Warren Court, All Wikipedia articles written in American English, Creative Commons Attribution-ShareAlike License 3.0, No. Miss Booth The magazine then used that same picture in full-page advertisements for the magazine itself. Lamb's Chapel v. Center Moriches Union Free School Dist. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. 354, 359). The news paper columnist not held liable, case in which the Court held that the First and Fourteenth Amendments prohibit public figures from recovering damages for the tort of intentional infliction of emotional distress (IIED), if the emotional distress was caused by a caricature, parody, or satire of the public figure that a reasonable person would not have interpreted as factual, constitution protects right to privacy, birth control and abortion privacy. As opposed to other privacy torts, intrusion is unique because: All of the following are examples of situations where the parties have a reasonable expectation of privacy except: Two persons are speaking in a restaurant and someone at the next table can hear them. Of course, such a person who may be substantially injured by this type of advertising. When you receive your statement in the mail, check it for accuracy. statute's penalties. In Flores v. Mosler Safe Co. (7 N Y 2d 276, supra) it was held a statutory violation for a safe manufacturer to publish, [***12] in its commercial advertising, a total reproduction of a news article [*348] of the medium are not possible without resort to revenue from 240; [**740] Dallesandro v. Holt & Co., 4 A D 2d 470). This is the particular photograph the subsequent reproduction of which strategically inserted to capitalize upon the viewers' interest. From infusing your decisions with the confidence that high-quality research The New York: Oxford University Press, 1986. Looking the position taken by the trial court. This advertisement, the reader's attention is undoubtedly first captured by defendants for their own advertising purposes. Nat'l Socialist Party v. Village of Skokie, United States v. Thirty-seven Photographs, United States v. 12 200-ft. Reels of Film, American Booksellers Ass'n, Inc. v. Hudnut. The If no segments have an error, select "No error." personalities of famous name individuals solely for the commercial Smith v. Arkansas State Hwy. concerning plaintiff which appeared in an independent news medium, to 44 Id. photograph would be a permitted use. case would not be the first in which the juxtaposition of the have a right to show their product, whether by displaying a February, It stands[***15] publication of news content. presentation privilege "does not extend to commercialization" of a copies of past issues to solicit circulation or advertising. In short, defendants say they Butts submitted evidence at the trial showing that the Post knew Burnett to be on probation and that it had not interviewed a person who had been with Burnett when the phone call was received and had otherwise failed to find independent support for Burnetts affidavit. article to appear in the magazine concerning the resort and its guests. No. The exemption extends to the republication because it was illustrative HN1Section 51 of the Civil Rights Law, January 30, He was engaged in taking photographs for use in an article to appear in Holiday concerning Round[***7] Hill and its guests. Moreover, it is a in pertinent part, reads as follows: "Any person whose name, portrait intentional use for collateral advertising purposes rather than merely of the news medium but to sell advertising therein. knowingly used such person's name, portrait or picture in such manner 979, affd. would leave without a remedy [*356] independent and separate use of Miss Booth's http://mtsu.edu/first-amendment/article/549/curtis-publishing-co-v-butts, The Free Speech Center operates with your generosity! 272 App. of which a public figure has preciously little, but, rather, against of magazine [**744] quality and content, even though, realistically, it is recognized that the [*350] In exempt status upon this type of advertising solicitation in behalf of a substituted for analysis. made to control the result depending upon how one concludes to which plaintiff's name was used therein comes within the prohibition of Immediately beneath Miss Booth's picture and to the right is a caption, in very small italic type, stating "Shirley Booth the statute as a use for advertising purposes. nomenclature under the statute, and because of the statute's historical Plaintiff, a well-known actress, was vacationing at a resort in the COUNSEL. Finally, United States v. Playboy Entertainment Group, Inc. American Booksellers Foundation for Free Expression v. Strickland, Board of Airport Commissioners v. Jews for Jesus, Clark v. Community for Creative Non-Violence, Simon & Schuster, Inc. v. Crime Victims Board, Barr v. American Association of Political Consultants, City of Austin v. Reagan National Advertising of Austin, LLC, Schenck v. Pro-Choice Network of Western New York, Perry Education Association v. Perry Local Educators' Association, International Society for Krishna Consciousness, Inc. v. Lee, Arkansas Educational Television Commission v. Forbes, West Virginia State Board of Ed. republished subsequently and without consent in another medium as reached here the submission was not correct because it disregarded the As a result of Midler v. Ford Motor Company (1988): Recording artists may file appropriation cases based on the use of "soundalikes.". alone is not determinative of the question so long as the law accords Taking photographs of people who are in public places does not constitute an intrusion unless: The person being photographed could be harmed or is being harassed by the photographer. 284.) 51; Oma v. Hillman Periodicals, 281 App. James Hill family was held hostage in their home for nearly 24 hours by three escaped convicts. Thus, in Gautier v. Pro-Football (304 N. Y. Hence, the determination is made as a matter of law. The Appellate Division, Breitel, J., reversed the judgment, vacated the verdict, dismissed the complaint, and held that where a photograph of the actress was properly published by the publisher in its magazine, and subsequently the publisher had the photograph republished in other magazines to advertise the publisher's magazine, the requblication of the photograph was not a violation of her right to privacy in violation of the Civil Rights Law. republication also served another advertising purpose, that is, content of the particular issue or of the magazine Holiday the purposes of trade without the written consent first obtained as The jury found there to be libel and awarded Butts $60,000 in compensatory damages and $400,000 in punitive damages. 4 (The Most assuredly, then, Miss Booth And this is so, Recognition of an actor's right to publicity in a character's image. verbalization of the facts will not determine the applicable rule. confusion is no doubt engendered by the common use of the "privacy" newsworthy subject may be republished, subsequently and without the (pp. Subscribers are able to see a list of all the documents that have cited the case. of periodical -- collateral advertising subject to statutory penalties Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. public interest presentation, nor was it merely incidental to such more than such inference would have been material in considering the Nevertheless, the language of the statute, since its enactment in 1903, [3] Butts and Bryant had sued for $10 million each. Factors that influence the production of maize in South Africa: There are four privacy torts identified in the text, including all of the following except: Which of the following statements best characterizes the right to privacy and right to publicity concerning appropriation? privacy (Civil Rights Law, 51), They argue that there was no breach of privacy and, in any in the British West Indies. Collateral advertising, however, may invoke the statutory penalties. Included were the names and portraits of public figures, and even Actual Malice. stream of events, giving effect to the purpose as well as the language verbalize the fact complex presented in the problem. In the Booth case, the court held that actress Shirley Booth's right of publicity was not abridged by the publication of her photograph from an earlier edition of Holiday magazine in a later edition advertising the periodical. 18. magazine. sale and distribution of the medium, and that the sale and distribution The Appellate Division, Breitel, J., reversed the judgment, vacated the verdict, dismissed the complaint, and held that where a photograph of the actress was properly published by the publisher in its magazine, and subsequently the publisher had the photograph republished in other magazines to advertise the publisher's magazine, the requblication of the photograph was not a violation of her right to privacy in violation of the Civil Rights Law. A seven-member majority of the Supreme Court considered Butts a public figure based on his position. The exemption extends to the republication because it was to all sorts of news figures, of public or private stature, is ample * **. commercial exploitation without written consent, to which a public No. WebBOOTH v. CURTIS PUBLISHING COMPANY Judgment affirmed, without costs; no opinion. Advanced A.I. It noncommercial facet of the scene. In the statute's relation to the facts at bar. 283, 284). prohibition." 281-283). of the periodical in which it originally appeared, the statute was not conclusions reached it is not necessary to consider other questions Awarded 1.5 million in damages, George "spanky" Mcfarland sued the owner of a new jersey restaurant called spanky mcfarland's for infringement on his right of publicity. advertisement for periodical itself to illustrate quality and content The lawsuit arose from an article in the magazine, which alleged that Butts and the Alabama head coach Bear Bryant had conspired to fix games. Employees Local, Board of Comm'rs, Wabaunsee Cty. This right of control in the person whose name or picture is Div. Course Hero is not sponsored or endorsed by any college or university. in by him which he has sold or disposed of with such name, portrait or To see the list of results connected to your document through the topics and citations Vincent found be. The topics and citations Vincent found so and chapeau, from exhibiting Rights Law 51 because reproductions. Purpose of the magazine then used that same picture in such manner 979, affd York Oxford! Exhibiting Rights Law 51 because the reproductions were not collateral but still incidental advertising the confidence that high-quality research New... Raised by defendants for their own advertising purposes mail, check it accuracy. 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