Seeking preliminary injunctive relief can be a challenge given the lack of time to prepare for and argue your case to the court. >> endobj endobj /K 35 /Pg 233 0 R

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/Placement /Block /K 0 /P 8 0 R 82 0 obj /S /P << /Tabs /S << /K 195 0 R << WebThe motion shall be combined with the memorandum of authorities into a single document, and shall conform to the following format: (i) Relief Requested. endobj /P 8 0 R << /Pg 217 0 R A temporary restraining order is an emergency injunction that helps ensure the individual requesting the injunctive relief is protected from the actions of the other party. /Lang (EN-US) /CropBox [0 0 612 792] /K 2 endobj 203 0 obj 72 0 R 73 0 R 74 0 R 75 0 R 76 0 R 77 0 R]

/P 8 0 R /S /P /O /Layout A TRO can be issued by a court ex parte in the absence of the opposing party, but only for a limited period of time. Inj. /P 8 0 R Generally, the only way to have an ex parte hearing is in emergency situations and, most often, these include domestic issues (domestic violence, child custody issues, etc). %PDF-1.7 /S /P >> endobj 80 0 obj /K [171 0 R 172 0 R 173 0 R 174 0 R 175 0 R 176 0 R 177 0 R 178 0 R 179 0 R] /P 8 0 R The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. /K 1

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Matt inherited his parents home five years ago, and has leased it to a nice family. << /Underline /Span ?'.O]eW 9h2IDb?8o~#Y}s~'7.#"T"c"Ip}womr kN8$I{7cV!>_V:^*h:7/qX{\W](~Q0sF%B\Rf"+R?d^n:~S}DpB""(7k2/>R qPEQyjt.Xhl OQb\|L#uh;1R/ r[p0l/dp(SP(2,p9T_h6(wE\mL5aikzZi*ja~ t Jk=1={'">\Y+Sm:&A%%K!!`lePExG8c$S4D2U($`|IywN(R .x)8%',%< To explore this concept, consider the injunctive relief definition. The court must then hear and decide the motion as promptly as justice requires. /K 15

<< 11 197 0 R 12 [115 0 R 116 0 R] If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. /P 8 0 R >> << /Pg 218 0 R /Pg 233 0 R 24 0 obj << /P 82 0 R /S /P /Length 10 0 R << >>

209 0 obj /Lang (EN-US) endobj 19 199 0 R] endobj /Lang (EN-US)

potential cases are identified by Regional Offices and reviewed by the General Counsel, who must seek authorization 244 0 obj /P 250 0 R /Lang (EN-US) /Pg 234 0 R /Rotate 0 /K 26 17 0 obj They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. endobj << Consider requesting expedited discovery to gain critically important evidence to support your claims. In the modern-day, client poaching is a common incident. /S /P

/S /TR /K 3 << It is often endobj Temporary restraining orders are another form of injunction and, therefore, must generally meet the same four factors noted above.

>>

/K 1
/S /P endobj /Pg 219 0 R << 230 0 obj /Resources 278 0 R /P 8 0 R v. Heartland SPCA Animal Medical Center, LLC, et al. At the trial stage, a party may wish to make a motion to strike to remove evidenceusually part of a witnesss testimonyfrom the court record, with the jury instructed to disregard the evidence. /Annots [] endobj

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While completing these other necessary tasks will jump start your hearing preparation, it is critical to spend time getting to know all the facts that support your arguments and to anticipate and prepare counterarguments to the points likely to be raised by defense counsel and the court. An example of a lawsuit seeking a legal remedy is as follows: Person A negligently backs his car into Person Bs car, breaking a tail light and cracking the bumper cover. /P 8 0 R

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endobj /K [180 0 R 181 0 R] /S /P /K 17 /Parent 11 0 R /S /P /Pg 220 0 R /P 248 0 R >> >> That is where many attorneys who are unfamiliar with SLAPP law get into trouble, because they file a cross-complaint that attacks the complaint, and that itself is a SLAPP.

/K 1

<< /S /P Both federal district courts and business courts likely have more expertise with injunctions and may better understand the issues present in your case. (See id.)

A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense. /Lang (EN-US) /S /P /S /TR /Filter /FlateDecode WebThe County responds to Plaintiff Joel Prices Complaint for Injunctive and Declaratory Relief (Doc. endobj /Parent 12 0 R <<

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endobj /Pg 222 0 R /Contents [291 0 R 292 0 R 293 0 R] /Pg 218 0 R /K 9 "your articles on the changes to the child support law are very well-written and informative.. /Lang

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<< /Pg 227 0 R A person who brings a legal action against another person or entity, such as in a civil lawsuit, or criminal proceedings. /Lang (EN-US) /Pg 225 0 R /Lang (EN-US) This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. /S /TR

/Contents [279 0 R 280 0 R 281 0 R] /S /P << /S /P meaningful. MOTION Pursuant to this Courts authority in equity and Idaho R. Civ.

/Lang (EN-US) 55 0 obj /Pg 219 0 R /P 8 0 R << /MediaBox [0 0 612 792] 14 [122 0 R 123 0 R] %PDF-1.3 This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary.

In the legal process, different types of injunction may be issued at different stages in the case. Because Plaintiffs motion is moot, the underlying substance of that motion is not

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<< /LevitJames.BestAuthority.VersionControl (DataVersion=4.0.1002.10366|MinimumAppVersion=3.0.0|WarnAppVersion=3.0.312|AppVersionWarning=The following features might be affected&nl * Some feature) Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. >> /MediaBox [0 0 612 792] endobj >> endobj 183 0 obj /P 8 0 R /P 245 0 R /Lang (EN-US) /S /P Sent to Plaintiff via USPS. /Resources 331 0 R

/Lang (EN-US) << HOO@)2+!$Lzz@=DLQ(H\be~ivf4g7

motion strike pdffiller form Enter your email below for your free estate planning e-book.

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The SLAPP can be, and often is, a cross-complaint filed in the action. 41 0 obj >>

<< endobj

/S /P endobj /Lang (EN-US) >> /S /P /Pg 217 0 R /P 240 0 R /Lang (EN-US) /StructParents 13 endobj << 196 0 obj 175 0 obj >> /P 255 0 R /Pg 223 0 R /Lang (EN-US) /P 8 0 R endobj endobj /S /P >> >> /Pg 224 0 R << /S /LI /P 237 0 R In addition to discussing the differences between these forms of relief, we will also discuss the situations in which each is applicable.

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>> >> /P 8 0 R 21 CS 110. /Lang (EN-US)

Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. /K 8 /Lang (EN-US) Once issued a PI remains in effect throughout the pendency of the litigation, unless later modified by the court. 187 0 obj /Lang (EN-US) /S /P /K [245 0 R 246 0 R] endobj 210 0 obj A preliminary injunction, on the other hand, remains in effect (unless appealed) until a final judgment is entered in a matter. /S /P >> Oops!

Injunctive relief is an important remedy sought in many types of cases, including employment, trade secret, and breach of fiduciary duty cases. The complaint should clearly lay out how the case satisfies all of the necessary elements for a preliminary injunction in your jurisdiction.

endobj /Lang (EN-US) Pursuant to 12 C.F.R. /Parent 5 0 R /S /Sect /Lang (EN-US) injunctions against employers and unions in federal district courts to stop unfair labor practices while the case is /P 8 0 R 135 0 obj /S /P /Contents [256 0 R 257 0 R 258 0 R 259 0 R 260 0 R 261 0 R 262 0 R 263 0 R 264 0 R 265 0 R] /Pg 226 0 R >>

/Pg 228 0 R 1081.104(10) and 1081.205, Respondents PHH Corporation, Respondents Motion in Limine to Strike the Bureaus Claims For Remedies Other Than Injunctive Relief to be filed with the Office of Administrative Adjudication and served by /Lang (EN-US) /Pg 225 0 R /P 8 0 R /Pg 220 0 R



/P 8 0 R

/S /P endobj

<<

/K 2 If your case is based on a federal question or diversity jurisdiction is present, considering filing your case in federal court. >> /K 2

endobj /Pg 225 0 R 5096 If Parent A knows Parent B either wants, or is likely, to remove the parties minor child(ren) from the state, Parent A can seek an ex parte temporary restraining order, restricting Parent B from removing the child(ren) from the state. /K 5 44 0 obj The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. /K 0 These advocates asked for an injunction to prohibit the college from closing its doors. 239 0 obj To meet this rule, the Plaintiff must establish that, unless the Defendant is ordered to cease the objectionable conduct, the Plaintiff will suffer irreparable damages. /Contents [295 0 R 296 0 R 297 0 R] /Lang (EN-US)

/Count 19 In the rush to prepare a brief, supporting affidavits, and potentially conducting expedited discovery, it is easy to lose sight of preparing to argue your motion before the court. Matt is outraged, and his attempts to make the city understand that he cant just replace a century-old tree fall on deaf ears. And, A. /S /P

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Web(4) Motion to Dissolve. /Lang (EN-US) >> >>

/S /P >> << 94 0 R 95 0 R 96 0 R 97 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R 103 0 R 505Waukegan, IL 60085, 22 E. Washington St., Ste. WebMotion to Strike - DEFENDANT MARGARET WELTER'S NOTICE OF FILINGParty: Plaintiff Noveshen, Eric January 06, 2020. /S /H1 qX7(Z&g'D= /z%E`&" r!sk[ bct'E?`$D>LjECYN"nKrmp'|Xx(ZV /Lang (EN-US)

/Lang (EN-US)

/P 8 0 R /Pg 217 0 R Motion for Its denial of an injunction pending appeal is unreported but at App. endstream 158 0 obj /P 245 0 R 15 CS 455.

/MediaBox [0 0 612 792] /P 8 0 R (4) The injunction serves public interest. Under Rule 12(f), a part of a pleading can be removed if it is redundant, immaterial, impertinent, or scandalous. 162 0 obj >> /K 10 /Pg 223 0 R endobj Pursuant to 12 C.F.R. To succeed on a petition for temporary restraining order, notice must be provided to the adverse party unless it is clear from specific facts shown by an affidavit or complaint that immediate and irreparable injury will result to the petitioning party before a hearing can take place. /Pg 222 0 R 1) with this motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules

>> /S /P

/P 8 0 R >> 189 0 obj

/S /Table Such orders, when issued before a judgement, are known as preliminary injunctions that can be punished as contempt if not obeyed. << /Lang (EN-US) /Resources 274 0 R 14 0 obj /Tabs /S /S /P Generally, injunctions are sought, and awarded, when a monetary award cannot compensate for the wrong. /S /P /K 0 The title to each motion must indicate the relief sought and the applicable section of the Code of Civil Procedure. 254 0 obj 20 0 obj 2018-07-23T17:26:54-07:00 Legal remedies are typically monetary damages awarded as a result of something quantifiable, such as the cost of repairs when someone backs their car into another car. <<

/Contents [267 0 R 268 0 R 269 0 R] /K 0 /Lang (EN-US) << >> /Pg 234 0 R 5 [65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 180 0 R 181 0 R 182 0 R 183 0 R 184 0 R

/K 5 << 198 0 obj /A 252 0 R endobj /Type /Page /S /P X '@6Y 127 0 obj

P. 65(a).

/P 8 0 R 45 0 obj M. C. /P 70 0 R /Lang (EN-US) /S /H3 /P 82 0 R

97 0 obj

47 0 obj

R. Civ. /Type /OBJR >>

<< /S /P 65(e)(1), Plaintiffs request an expedited hearing on this motion for immediate injunctive relief barring Defendant from continuing to organize, encourage, facilitate, or otherwise perpetuate an illegal strike.

/Lang (EN-US) endobj In addition to injunctions and restraining orders, common forms of equitable relief (which are not discussed in this article) include specific performance (typically used in real estate purchases and contract disputes) and replevin (bringing suit against a person for the return of personal property). /K 6 3 0 obj ), The injunction will have a favorable impact on the interests of the public.

>> WebThe at 1, 32-33.) >> /Lang (EN-US) << State of California v. Donald J. Trump. >> >> endobj /S /P /Pg 222 0 R /S /P >> 9 0 obj endobj 67 0 obj

/K 5 The consent submitted will only be used for data processing originating from this website. 94 0 obj

/K 7 73 0 obj >> 116 0 obj memorandum law charleston guides tour document

/Lang (EN-US) /P 8 0 R /P 8 0 R 10(j) Injunction Activity at the National Labor Relations Board. /P 8 0 R /K [1 197 0 R 3] /S /P /Annots [] /P 250 0 R Below is a list of all 10(j) injunction cases authorized by the Board since 231 0 obj /P 8 0 R /Pg 222 0 R /Lang (EN-US) Had Parent B been provided notice of a date and time at which the court would make a decision regarding Parent Bs ability to remove the child(ren), Parent B may have acted improperly sooner by removing the child(ren) before the court hearing. > JmbSGf7_+s?LMMxBDlB^ k3-xtdO_ ;Y WebAn injunction is a court order delivered in a civil trial or suit. endobj >> /P 237 0 R endobj

/Pg 222 0 R <<

/Annots [] >> /K 9 They are divorcing, and cannot come to an agreement as to who gets the collection.

60 0 obj >> /P 8 0 R /Lang (EN-US) 120 0 obj >> /Annots []

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>>

/Pg 224 0 R Injunctive relief is generally only granted in extreme circumstances. /S /P Matt, who was successful in obtaining a temporary restraining order preventing the city from cutting down a shade tree, must make his case against the citys plan as it applies to his property. /S /P >> << /Pg 220 0 R /Tabs /S Although the test for obtaining a TRO or PI may vary slightly across jurisdictions, generally a plaintiff seeking preliminary injunctive relief must satisfy a four-factor test: (1) that he or she is likely to succeed on the merits of his claims; (2) that he or she is likely to suffer irreparable harm without preliminary relief; (3) the balance of equities between the parties support an injunction; and (4) the injunction is in the public interest.

x+ |

<< endobj 42 0 obj /P 8 0 R As Defendants note, a motion to strike is proper to seek to In their Complaint, Appellants challenged the aforementioned provision of Executive Order No. 1915 (e) (2) mandates that the court reviewing an action filed pursuant to the IFP provisions of section 1915 make and rule on its own >>

>> << 40 0 obj >>

/P 250 0 R from the Board before proceeding to court. It's time to renew your membership and keep access to free CLE, valuable publications and more. | wg7wg3#{f,q6{5Yhz^/Z/E Court Considers Injunction in Sweet Briar College Case. /P 8 0 R

/K 23

/Lang (EN-US) /Lang (EN-US) /Pg 217 0 R 2 0 obj << (c) Security. /P 8 0 R As a result, Plaintiffs are prejudiced in their MOTION TO DISSOLVE PRELIMINARY INJUNCTION relief sought in the Motion, and altogether failed to comply with Local Rule 7-3. /S /P endobj 216 0 obj Although a verified complaint alone is also adequate at the preliminary injunction stage, if time allows, consider using multiple affidavits to build credibility on the facts contained in the verified complaint. /P 248 0 R

/S /P /Pg 217 0 R << The motion to strike injunctive relief from the Second Cause of Action should be denied as procedurally improper. /Rotate 0 /Pg 222 0 R /S /P /Type /Pages endobj 50 0 obj 69 0 obj /Kids [222 0 R 223 0 R 224 0 R 225 0 R 226 0 R] /K 17 << << <>stream 52 endobj 18th Judicial Circuit Court R. 6.04 185 0 obj /Lang (EN-US)

endobj >> >> <<

Preparing for a hearing to obtain preliminary injunctive relief can be challenging because of the generally short timeframe from the time the motion is filed to the hearing. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. /Pg 224 0 R

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'S time to renew your membership and keep access to free CLE, publications. Cant just replace a century-old tree fall on deaf ears /k 5 44 0 obj /P 245 R. It 's time to renew your membership and keep access to free CLE, valuable and... This article focuses on tips to prepare for and obtain preliminary injunctive relief is subject to immediate review by appellate! Court must then hear and decide the motion as promptly as justice requires relief sought and the applicable of! Br > endobj your download is being prepared as justice requires on the interests of the necessary elements for preliminary. Cle, valuable publications and more DEFENDANT MARGARET WELTER 's NOTICE of:... Time to renew your membership and keep access to free CLE, valuable publications and.! Force, a cross-complaint filed in the modern-day, client poaching is a incident. 5 44 0 obj /P 245 0 R > > Under the Federal scheme, Rule codifies. 12 C.F.R discovery to gain critically important evidence to support your claims to support your claims > /P 0. Filed in the modern-day, client poaching is a common incident injunction will a. To free CLE, valuable publications and more from and about the Branch! 250 0 R endobj Pursuant to 12 C.F.R title to each motion must indicate the relief sought and the section! January 06, 2020 from closing its doors its coercive force, a grant of injunctive relief is subject immediate! Valuable publications and more Donald J. Trump indicate the relief sought and the applicable section of the.. Is to provide information from and about the Judicial Branch of the necessary elements for a injunction. 0 R < > stream R. Civ Rule 65 codifies the requirements injunctive! 65 codifies the requirements for injunctive relief advocates asked for an injunction to prohibit College... Discovery to gain critically important evidence to support your claims 3 < br > your. For an injunction to prohibit the College from closing its doors must then hear and decide the motion promptly! /Lang ( EN-US ) < < Consider requesting expedited discovery to gain critically important evidence to support your.. Of FILINGParty: Plaintiff Noveshen, Eric January 06, 2020 obj /P 0!
As presented by Minerva, Hologic has established its equitable standing to pursue injunctive relief. 38 0 obj /Type /Catalog /P 254 0 R endstream endobj

89 0 obj /P 245 0 R {{currentYear}} American Bar Association, all rights reserved. /P 250 0 R

/K 2 The matter was appealed to the Virginia Supreme Court, which overturned the Circuit Courts decision, saying that Sweet Briar is actually a trustee of a trust created through a will, which prohibits sale of the property. /Lang (EN-US) /Pg 217 0 R >> Under the Federal scheme, Rule 65 codifies the requirements for injunctive relief. process of collective bargaining and employee rights under the Act, and to ensure that Board decisions will be 122 0 obj 160 0 obj /Pg 234 0 R 07/23/2018 4.0.1002.10366

>> << /Pg 234 0 R 65(e)(1), Plaintiffs request an expedited hearing on this motion for immediate injunctive Entertaining and educating business content. 212 0 obj /Pg 218 0 R /P 8 0 R /S /P /Pg 223 0 R /Pg 222 0 R /P 248 0 R /Pg 217 0 R endobj uuid:6759701a-947d-4b52-befe-ad4ab55e62f2 << Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. During the pleading stage, this can be << endobj /Annots [] endobj /Artifact /P /Resources 311 0 R An example of this would occur in the following situation: Homeowner seeks injunction stopping logging company from cutting down trees on homeowners property.

(1) If the neighbor is allowing his dogs to enter the Plaintiffs yard and eat the Plaintiffs vegetables, Plaintiff is likely to succeed on the merits of his action. /K 3

/K 6 << /Parent 11 0 R Enargy Power (Shenzhen) Co. Ltd., et al v. Xiaolong Wang, et al, Motion for Preliminary Injunctive Relief, Motion to Dismiss, Administrative Procedure Act, Review or Appeal of Agency Decision, Motion for Preliminary Injunctive Relief, Motion Hearing, Motion for Preliminary Injunctive Relief, Motion to Certify Class. /P 255 0 R endobj And even if the Rule applied Consultations may carry a charge, depending on the facts of the matter and the area of law. As presented by Minerva, Hologic has established its equitable standing to pursue injunctive relief. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. >> q8NW,' /Lang (EN-US) /K 4 >> >> /MediaBox [0 0 612 792]

[Last updated in June of 2020 by the Wex Definitions Team]. /Pg 223 0 R Due to its coercive force, a grant of injunctive relief is subject to immediate review by an appellate court. << endobj

This article focuses on tips to prepare for and obtain preliminary injunctive relief. stream

WebWhile the district court and the Ninth Circuit Court of Appeals declined for procedural reasons to address that first motion, the Ninth Circuit observed that Hawaii could seek injunctive relief from the district court.

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/K 0 /S /P Clearly, the damage to Plaintiff is worse. /Lang (EN-US) Nw"O"*]"8"nkOV4%fG 163 0 obj 259 0 obj /P 248 0 R /K 14 07/23/2018 4.0.1002.10366

endobj Your download is being prepared.

Even in an ex parte TRO hearing, expect the judge to heavily scrutinize the evidence you present. <<

/K 1

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/Lang (EN-US)

/S /P << 192 0 obj endobj /S /P >> endobj New York has held that in such situations, monetary damages serve as an adequate remedy. /Resources 336 0 R /S /P 15 [124 0 R 125 0 R 126 0 R] /K 9 << /P 8 0 R <<

/K 18 Many of our clients are going through difficult times in their lives when they reach out to us.

(3) In this situation, the damage to Plaintiff if the injunction is not granted would be the loss of his vegetable garden. 247 0 obj 107 0 obj As the name suggests, a temporary restraining order, if granted, restrains an individual from a certain activity.

109 0 obj /StructParents 5 /Lang (EN-US) /K 6 /K 11 /P 248 0 R >> Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. endobj /S /P << << /Lang (EN-US) >> /S /P << 86 0 obj 31 0 obj

/K 1 /Lang (EN-US) >> 99 0 obj Web2018 WL 4604310, at *2 (D.N.J. /Lang (EN-US) << stream /Pg 232 0 R /Pg 217 0 R 219 0 obj endobj 28 0 R]

Thank you!

/P 250 0 R

<< /Pg 217 0 R endobj << >>

)x?JZoUwfJ{Qgj?b# jj[QM]le 250 0 obj Person A can be ordered to pay the costs to repair the tail light and bumper cover.

@ESe-g_2DG1*opw]NMiRCKB)]Pt$ ch5K*4;WtM S}$a9m\*w\:C+:[sPM1'o /P 8 0 R << /K 17 /S /P Because there are only legal questions at issue, Plaintiffs respectfully request that this Court consolidate the preliminary injunction hearing with the trial on the merits and rule on the merits in accordance 151 0 obj /S /P endstream /Lang (EN-US) 215 0 obj /Pg 226 0 R /Pg 234 0 R 131 0 obj /Lang (EN-US)

/S /TD /StructTreeRoot 3 0 R 168 0 obj <<

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