History of Montgomery County, Kansas, Part 22

Author: Duncan, L. Wallace (Lew Wallace), b. 1861, comp
Publication date: 1903
Publisher: Iola, Kan., Press of Iola register
Number of Pages: 1162


USA > Kansas > Montgomery County > History of Montgomery County, Kansas > Part 22


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


rules of propriety to comment upon the characteristics, mental qualifica- tions and legal attainments of a local practicing attorney, as that would tend to shock the finer sensibilities and appear as an advertisement rather than a history, which can only be properly written as to each member at the end of the subject's career in the profession.


A list of all members of the Montgomery county bar, with the date of the admission of each to the bar of the county (so far as I have been able to ascertain the dates) alphabetically arranged, is as follows :


Andrews, Lindlay M., admitted October, 1870.


Armstrong, Benjamin ME., admitted May 7, 1871,


Ayres, Thomas G., admitted autumn, 1880.


Begun, Edward L., admitted about 1885.


Barwick, J.J., admitted about 1870.


Barr, Samuel II., June 29, 1889.


Banks, William N., September 1. 1894.


Bartlett, W. F., admitted 1871.


Bass, Nathan, admitted May 9, 1870.


Beardsley. E. M., admitted August, 1871.


Bellamy, J. F., admitted 1891. Bennett, Martin V. B., admitted about 1870.


Bertenshaw, John, admitted March 27, 1894.


Biddison, A. J., admitted about 1885.


Billings, Arthur, admitted September 15, 1902.


Black, George A., admitted about 1873.


Blackburn. J. W., admitted May, 1871.


Blair, A. V., admitted May, 1871.


Bristol, Norris B., admitted August. 1872.


Brown, D. B., admitted May 9, 1870.


Brown, Joseph D., admitted September, 1896.


Brown, C. S., admitted about 1871.


Broadhead, J. F., admitted about 1875.


Brown, Robert, admitted April, 1872.


Burchard. George W., admitted November, 1871.


Burnes, R. E., admitted May, 1871.


Campbell, E. L., admitted about 1871.


Cass, Phillip H., admitted November 3, 1899.


Callahan, John, admitted March 25, 1893.


Cavenaugh, Patrick, admitted 1887. Chandler, George, admitted April 3, 1872.


Chandler, Joseph, admitted March, 1875.


Charlton, James R., admitted March 1, 1884.


Clark, Arthur B., admitted November 27, 1871.


Clark, Edgar M., admitted 1879.


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


Clark, W. G., admitted May, 1870.


Cox, Albert, admitted 1894. Cox, Ira E., admitted 1894. Cotton, John S., admitted April, 1873. Courtright, Perey L., admitted August, 1899.


Craig, Joseph B., admitted Mary, 1870.


Cree, Nathan, admitted October, 1872.


Cutler, E. R., admitted October 30, 1870.


Parnell, D. Y., admitted about 1871.


Davis, John M., admitted May 5, 1902.


Davis, C. M., admitted April, 1872.


Devore, Benjamin F., admitted 1871.


DeLong. James, admitted about 1871.


Donaldson, Samuel, admitted August, 1872.


Dooley, Henry (., admitted 1890.


Dunkin, William, admitted April, 1873.


Dunnett. Daniel W., admitted 1870.


Dempsey, T. E., admitted May, 1885.


Elliott, Sanmel C., admitted 1877.


Ellis. C. W., admitted 1870.


Elliott. D. Stewart, admitted 1885.


Emerson. J. D., admitted October, 1870.


Ergenbright, Oliver P., admitted 1883.


Evans, Elijah, admitted April 7, 1872.


Fletcher, Charles, admitted 1901.


Fay, Elmer W., admitted 1870. Fitzpatrick, G. W .. admitted 1897.


Foster, Goodell, admitted May, 1870,


Foster, Emery, admitted August. 1888.


Fritch, Felex J., admitted 1890.


Freeman, Luther, admitted June 20, 1895.


Gaines, Bernard, admitted Angust, 1871.


Gamble, James D., admitted 1870.


Gardner, Napoleon B., admitted November 1, 1870. Giltner, Barsabas, admitted in 1898.


Gifford, -, admitted about 1880. Gilmore, George E., admitted November 18, 1898. Grass, Daniel, admitted Mhy, 1870. Grant, H. D., admitted 1871.


Hall. S. A., admitted November, 1871.


Harrod, William J., admitted Angust, 1872.


Harrison, Thomas, admitted May 9. 1870.


Hasbrook, L. Benjamin, admitted August, 1871.


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


Hastings, Elijah D., admitted September, 1878. Helphingstine, JJohn A., admitted May 9, 1870. Henderson, Benjamin F., admitted June, 1879. Hendrix, W. R., admitted May, 1871. Herring. Ebenezer, admitted 1871.


Highy, A. T., admitted October, 1870. Hill, Rufus J., admitted May 9, 1870. Hinkle, John D., admitted September 12, 1874.


Holdren, Joseph W., admitted July, 1898.


Humphrey, Lyman U., admitted May, 1871. Tennings, T. B., admitted May 9, 1870. John, James M., admitted September, 1876. Judson, L. C., admitted My 13, 1870. Kouutz, James, admitted 1888.


Kercheval. R. P., admitted abont 1880.


Keith, John H., admitted November, 1893.


Light, M. B., admitted May, 1870.


Loeke, William M., admitted April, 1872.


Loring. - -, admitted about 1871.


Martin. W. W., admitted about 1876.


Matthews, Elmer E., admitted December 30, 1884.


Matthews, Selvin V., admitted December, 1880.


Merrill, William A., admitted March, 1898.


Mills, J. A., admitted August. 1872. Moon, J. J., admitted December, 1871.


Moore, Vin W., admitted March 28, 1895.


Moorehouse, S. B., admitted October, 1870.


MeCue, Jeremiah D., admitted 1870.


McEniry, Michael, admitted April 17. 1874.


MeVean, J. H., admitted abont 1870. McFeeters, W. S., admitted May, 1870.


McClelland, George W., admitted 1896.


MeWright, W., admitted October, 1870.


MeDermott. S. F., admitted March 9, 1880.


Nichols, Renben, admitted November 1, 1870.


Orr. J. A., admitted 1894. O'Connor, William T., admitted abont 1880. Osborn, Roy, admitted March 2, 1901. Page, John Q., admitted August, 1871. Parsons, Alzamon M., admitted March 6, 1897. Parks, B. F., admitted abont 1878. Peacock, Thomas W., admitted Angust, 1872. Peck, George R., admitted April 3, 1872.


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


Peckham, Charles J., admitted about 1871. Peffer. William A., admitted 1875. Perkins, Luther, admitted June 28, 1895. Pettibone, S. Il., admitted about 1881. Piper, Seth H., admitted July 3. 1889. Porter, Samuel M .. admitted March, 1881. Purcell. George W., admitted about 1895. Rossiter. J. P., admitted JJune 28, 1898. Ralstin, Clayton M., admitted May 9, 1870.


Salathiel, Thomas S., admitted 1894. Scott, Howard, admitted January, 1898. Sendder, John M., admitted 1870. Shannon, Osborn, admitted about 1871. Showalter, JJohn W., admitted August, 1871.


Sickafoose, Michael, admitted April, 1873. Smart, Oliver P., admitted May 9, 1870. Snelling. George R., admitted about 1899. Spencer, Samuel F., admitted 1879. Stanford. Thomas IL., admitted March 18, 1885.


Stephenson, L. T., admitted 1870. Stewart, JJoseph, admitted about 1889.


Sweeney, - -, admitted December 12, 1872.


Swatzell, Philip L., admitted 1892. Sylvester, W. O., admitted April, 1872.


Sonle, Martin Bradford, admitted March, 1884.


Shewalter, M. C., admitted December 16, 1887.


Taylor, Wilbur F., admitted about 1880. Thompson, J. M., admitted about 1882. Thompson, Calvin C., admitted December 23, 1880. Thomas, Mayo, admitted 1897. Tibbils, W. H., admitted April 17, 1874.


Turner, William F., admitted 1870.


VanGundy, Edward, admitted September 10, 1879.


Wagstaff, Thomas E., admitted August 12, 1899.


Wade, Richard A., admitted September 4, 1879. Waters, L. C., admitted about 1878. Wagner, Marshall O., admitted about 1871. Warner, George W., admitted May, 1871. Watkins, W. H., admitted about 1870. Weston, Samuel, admitted March, 1879. Wiggins, S. T., admitted abont 1897. Willis, A. D., admitted August 1871. Willis, Frank, admitted 1870.


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


Wright. Greenbury, admitted Angust, 1871.


Wilson. Albert L., admitted September 9, 1882.


Wyckoff, Cornelius, admitted May 9, 1870. York. Alexander M., admitted August, 1871.


Ziegler, William E., admitted March, 1880.


Zenor, Winfield S., admitted about 1880.


Ziegler, Joseph B., admitted 1870.


LINDLAY M. ANDREWS was admitted to the bar of Montgomery County in October. 1870, on a certificate of his admission to practice in the Courts of Record in Missouri.


He never afterward engaged here, to any extent, in the practice and for a time was engaged in editorial work and also participated in some litigation over the title of lands situated near the southeast corner of the city. in which he was interested. Some time in the 70's he left In- dependence and has never returned.


BENJAMIN M. ARMSTRONG, at one time a leading member of the bar, pursued his profession here until a few months before he died, on the 9th day of March, 1889. He was born at Sheridan, in Lasalle County, Ill., on December 25. 1842, and was reared on a farm in that county. He pursued farming in the country of his nativity until he arrived at man's estate, when he took up the study of law and thereafter was graduated from the Cincinnati, Ohio, Law School, in 1867. In 1868 he was admitted to the bar at Ottawa, Ill., and was the same year chosen city attorney of Ottawa, which office he satisfactorily filled for two years.


Late in 1870, he moved to Kansas, in the rush of pioneers who were then rapidly peopling the country. At first he selected a elaim north- west of Independence, near Elk River, to which he afterward acquired the title. During the time of his practice at Independence, from IS71 to 1889, he was city attorney for four years.


Mr. Armstrong was by nature a strong man, and possessed those elements that would have enabled him to have become a fine lawyer. He lacked, alone, that close application to study, that is so essential to rise to disinetion in the profession. He was a genial, companionable man and inclined to enter upon the trial of his cases without thorough prep- ration. and with too much dependence upon the gifts with which nature had endowed him. The analyzing character of his mind was very appar- ent in his eross examination of an adverse witness, where the display of his discriminating powers clearly marked him as a man who could have won fame as a scientific lawyer of high order.


He died on March 9. 1889, after a lingering illness, in the prime of his life, respected and regretted by the early members of the bar, that had known him as a man, who, by nature, had possessed a fine legal mind.


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


THOMAS G. AYRES was born at Andover, 11]., on May 7, 1842, and resided there until he was admitted to the bar at Cambridge, 111., Febrn- ary 25, 1871. He moved to Coffeyville May 25, 1880, and there engaged in the banking business in company with Mr. Steele, under the firm name of Ayres & Steele. This firm was afterward dissolved and in its stead The First National Bank of Coffeyville was organized, and Mr. Ayres continued in the business for some years with the new organization. In 1893 he retired from banking and went to Sioux City, Iowa, where he became engaged as treasurer of a wholesale grocery company till Decem- ber. 1894, when he resigned and returned to Coffeyville, and, in that place, in the spring of 1895, resumed the practice of law, which he has followed since. He is now a member of the law firm of Ayres & Dana, of Coffeyville. He has never held any public office, except he served one term as mayor of Coffeyville.


EDWARD L. BEGUN was located in the practice at Cherryvale dur- ing several years, about 1885 to 1888. He was a man of marked ability and was a fluent and impressive speaker. His frail health during the time he practiced here. furnished an effective obstacle to that success which otherwise might have been his. He died about 1888 or 1889.


J. J. BARWICK was one of the early members of the bar of Mont- gomery County and did some practice extending over a number of years. In the practice he was technical and inclined to be contentious. He died here a few years ago at a very ripe age.


SAMUEL H. BARR was actively engaged in the practice at Caney, Kans., after his admission to the bar, and pursued the same until recent- ly, when he became interested in enterprises connected with natural gas and oil development of the country, which for the time, engages most of his time.


Mr. Barr was born at Virginia, in Cass County, Ill., and afterward lived with his parents successively at the following places : Beardstown and Rock Island, Ill., and on a farm just northwest of Independence, Kans., where they located in the spring of 1878. While living on this farm, Mr. Barr attended and taught school and in vacation bolared most of the time at farming, until he began the study of law and was admitted to practice. Shortly after being admitted he settled at Caney, where he practiced for twelve years. He still resides there, where he is now the office manager of The Caney Gas Company and The Caney Brick Com- pany, in both of which companies he is a stockholder and an officer.


WILLIAM N. BANKS is now in the active practice as the senior member of the law firm of Banks & Billings. He was born at Hobart, Ind., on August 15, 1865, and at the age of six years moved, with his parents, to this county, where he has since resided. He was reared on a farm until he was about twenty-seven years of age, when, on Octover 1, 1892,


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


he went into the office of Hon. A. B. Clark and began to study law. He acquired a good education during his residence on the farm by attending and teaching the local schools during the winter months, and when nineteen years of age he entered, and studied for two years, at the Per- due University at Purdue, Ind.


Mr. Banks has never served in any public office, except as clerk of Fawn Creek Township one term, and as member of the Board of Educa- tion of Independence two terms.


W. F. BARTLETT came to Independence from Washington, D. C., abont 1871 and joined our bar and entered the practice, which he pur- sued but a short time, when he returned to the National Capital. Be- fore coming here he had had considerable experience in the practice in some of the Govermental Departments at Washington, and that which he had learned in the General Land Office "stood him well in hand" here at the time, as many of the decisions there were applicable to conditions here. He was a man of ability, highly educated and of engaging address and a brilliant conversationalist.


NATHAN BASS was admitted at the first term of court in the coun- ty, on the certificate of his admission to practice in Missouri. He began the practice in partnership with Elmer Fay, at Old Liberty, under the firm name of Bass & Fay, and was one of the attorneys in the unsuccess- ful suit brought to compel the county officers to move their offices from Independence to Liberty where he was located.


The defeat of this litigation paved an easy way for Independence to acquire the unquestioned county seat. Mr. Bass did not long remain in the practice, and after retiring from it he served one term as county superintendent of schools and then moved to Colorado, where he died.


E. M. BEARDSLEY was a conspienous character at an early day in the county, owing to his active participation in its financial affairs. He was at one time clothed with the most important powers by the board of county commissioners, in connection with the $200,000 in bonds that had been voted to the L. L. & G. R. R. Co. The recital of his principal aets and a review of his record more properly belong to another portion of the county's history. It may be said that in the heyday of his power and influence he was admitted to the bar. He never became a learned mem- ber of the profession nor indulged in the practice, and, sometime in the 70's. jeft the county.


JOHN F. BELLAMY was born in Switzerland County, Ind., in 1843, and was afterward graduated as Master of Arts from Del'auw Universi- ty at Greencastle. Ind. He then, for several years, taught in the higher branches. He was successively principal of Wilmington Academy at Wilmington. Ind., Mt. Carmel Union High School at Mt. Carmel, 11., and Spring Street School at New Albany, Ind. He then, owing to fail-


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


ing health, abandoned teaching and took up the study of law, and, in 1870, was admitted to the bar at Madison, Ind., where he then settled and pursued his profession until 1885, when, owing to ill health, he moved to Girard, Kans., and subsequently, in 1891, to Cherryvale, Kans., where he has since practiced law. While in Indiana Mr. Bellamy was twice elected and served two terms as prosecuting attorney of the Fifth Judicial Circuit, from 1877 to 1881; he also, at Girard, Kans., filled one term as police judge and is now serving his fifth year as city attor- ney of Cherryvale.


MARTIN V. B. BENNETT, now living at Columbus, Kans., was ad- mitted to practice law, in the county, at an early day, and at one time he, in partnership with J. D. Gamble, under the firm name of Bennett & Gam- ble, did a flourishing business in the practice, and as real estate agents. Mr. Bennett, in some respects, was a very remarkable man. He had a quick, alert mind and a command of language that was wonderful. He was fond of public speaking, and in the practice and in his speeches, was aggressive and assertive and often abusive, and always eloquent and en- tertaining.


Some time in the 70's he retired from the practice and went on the rostrum as a lecturer on temperance where he was very successful. He addressed large meetings at various points over many of the States, and was very popular and in great demand with the friends of the cause he so eloquently pleaded.


JOHN BERTENSHAW was admitted to practice, after having pre- vionsly read law since September 21. 1891. in the office of Wm. Dunkin.


Mr. Bertenshaw was born in Franklin County. Ind., on December 14, 1872, and shortly afterward moved with his parents to Montgomery County, Kans,, where he spent his boyhood days until thirteen years old, working on a farm, and attending school in the winter. He then moved to Elk City, where he attended the city schools from which he was gradnated in 1890. While a student at Elk City, he spent his vaca- tions clerking in stores there, which he continued after graduating, until he began the study of law. Since his admission to the bar, he has been in the active practice at Independence, and is now a member of the law firm of Fritch & Bertenshaw. He served as deputy county attorney un- der John Callahan for font years, from 1897 to 1901.


A. J. BIDDISON was a member of the bar of the county and prac- tieed several years at Coffeyville during the 80's. He moved to Oklahoma where he continued the practice.


ARTHUR BILLINGS is one of the latest accessions to the Montgom. ory County bar and may claim the distinction of being its only member, now in the practice born in the county, except A. L. Courtright, who was born in Independence in 1873.


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


He was born near Liberty on October 15, 1874, where he was reared, spending his youthful days working on his father's farm and attending and teaching the neighboring schools. He then entered the University of Kansas from which he was graduated as Bachelor of Arts and also as Bachelor of Law on June 11. 1902.


Afterward, and on September 15. 1902, he went into partnership in the practice with Win. N. Banks and this firm under the name of Messrs. Banks & Billings is now in the active practice of law at the coun- ty seat.


GEO. A. BLACK became a member of the bar in the early 70's but never engaged extensively in the practice here. He afterward moved to Girard. Kans., where he died about eighteen years ago.


For a time after his admission he was a member of the firm of Black & Hall who created some notice as the projectors of a railway, they strenously advocated the building of. to some indefinite point in the very far west. It was called the "Sunset Railway" and never material- ized.


J. W. BLACKBURN was admitted to practice at the May, 1871, term of the district court, on his certificate of admission by the Supreme Court of Illinois. He shortly after left the country and has never returned.


A. V. BLAIR was admitted to the Montgomery County bar in May, 1871. but did not afterward engage in the practice here.


NORRIS B. BRISTOL is the oldest living member of the Montgom- ery County Bar. At the age of nearly 53 he was admitted to practice on the examination by and the report of a committee. He has lived here ever since but has never engaged in the practice of his profession. He was born at Fulton, Oswego County, N. Y., on August 12, 1819, and lived a greater portion of his life. before coming to Kansas, in 1870, at Ottawa, Lasalle County, 1H., where he followed the mercantile business. He lo- cated at Independence, Kans., late in 1870, and soon afterward erected the finest residence then in the county. Since Mr. Bristol located here he has been a United States Circuit Court Commissioner and has also filled the office of justice of the peace. Under the weight of his venerable years, he is the same genial and jolly man he was over thirty years ago.


D. B. BROWN was admitted to the bar on the certificate of his ad- mission in the Supreme Court of the District of Columbia. He came to In- pendence from Indiana and was a brother of Mrs. Theodore Filkins, one of the early settlers of the country. He was a young man, about twenty-four years of age and of fair attainments and displayed great energy, industry and perseverance. and it was freely predicted by the lawyers who knew him that a bright future awaited him in the profes- sion. He contracted a severe cold from exposure in efforts to ereet a building on Penn. avenue. near where is now located the harness store


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


of John Cramer, which developed into pneumonia and ended his career on earth.


JOSEPH D. BROWN was born in Morgan County, Ind., on Nevem- ber 9, 1861, and in the county of his birth followed farming and teaching until he began the study of law.


Afterward, and on May 31, 1887, he was, at Valparaiso, Ind., admit- ted to the bar, and thereafter practiced his profession in his native State until he moved to Kansas in 1896. In the fall of that year he was admitted to practice in Montgomery County, and shortly afterward formed a partnership with Hon. A. B. Clark, under the firm name of Clark & Brown, which continued in the practice until Mr. Clark went to Oregon and since then Mr. Brown has continued in the business here.


JUDGE J. F. BROADHEAD became a member of the bar of Mont- gomery County in 1875 and as a member of the firm of Hill & Broadhead did an extensive practice until about 1881, when he retired from the firm and returned to his former home in Linn County. Kans., where he contin- ued in the practice until his death, about ten years ago.


Judge Broadhead presided over courts of the Sixth Judicial District for some months, he having been appointed judge to fill the vacancy occasioned by the resignation of Judge D. P. Lowe, in March, 1871.


The judge was past middle age when he located at Independence and had devoted many years to the practice in Linn County. During the time he spent at the bar here he was a tireless worker both in his of- fice and in the court room. He often took an active part in political cam- paigns and in 1878 was a candidate for the judgeship of the Eleventh. Judicial District against Judge Perkins, the Republican nominee, and was defeated by a large majority. Two years later he returned to the Re- publican party, and advocated its principles on the stump. In the cam- paign of 1878 he had sincerely and confidently predicted the disasters that must follow the resumption of specie payment that had been sched- uled to take place on January 1, 1879, and said it could not be done; and the efforts to accomplish it would result in worse than failure. In 1880 he began each of his political speeches with an acknowledgment of his er- ror, which he conclusively proved by saying. "I then said it could not be. done and I now say it has been done."


C. S. Brown was an early practitioner in the county. He was lo- cated at Coffeyville and after pursuing his profession at that place for a few years moved to Washington, D. C., where he secured, and has since retained, a responsible position in the service of the Government.


ROBERT BROWN did not engage in the practice here after his ad- mission to the bar.


GEO. W. BURCHARD became a member of the bar of Montgomery county on the certified record of his admission to practice in the Su- preme Court of Illinois. Before his admission here he had well qualified


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HISTORY OF MONTGOMERY COUNTY, KANSAS.


himself in the science of the law but never entered the general practice. His tastes and inclinations tended to other pursuits, and about the only attention he gave to his profession while here was in looking after such matters in court as grew out of his business of loaning money and specu- lating in realty. From 1873 to 1882 he was the attorney for Austin Cor- bin of New York, who did a very extensive business over many of the west- ern states in loaning money and dealing in tax titles. Mr. Burchard's po- sition as such attorney gave him much professional business in the courts of this and adjoining counties for Mr. Corbin.


Mr. Burchard was born at Litchfield, Hillsdale county, Mich., June 8, 1844, where he resided, was educated and in June, 1866, was graduat- ed in the classical course from the Hillsdale College. He took up the study of law in his native city, in the law offices of Judges Pratt & Dick- erman and was afterward admitted to the bar at Hillsdale on May 12, 1868. Ile entered the law office of Messrs. Miller & Van Arman, in Chi- eago, and on October 21. 1871, was admitted to practice by the Supreme Court of Illinois.




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