The twentieth century bench and bar of Pennsylvania, volume II, Part 39

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1180


USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume II > Part 39


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In the history of the government no man ever took a more eritical position than did Mr. Penney in this matter and his vindica- tion was complete.


James Pollock was admitted October 10, 1849, on motion of Samuel W. Black.


Thornton A. Shinn registered October 25, 1847. He was admitted November 12, 1849, on motion of Wilson McCandless. Precept- ors, Henry W. Williams and William M. Shinn.


Alexander Franklin, son of Robert and Margaret (Stuart) Franklin, was born in Pittsburgh, Pa., and was graduated from the university of Pennsylvania, with the class of 1847. He registered November 3, 1847, and was admitted November 12, 1849, on motion of Wilson McCandless. His pre- ceptor was John A. Wills. Mr. Franklin's death was announeed in court April 25, 1850, by James Dunlop.


Joseph Scott Morrison, son of John and Margaret (Porter) Morrison, was born July 5, 1824, in Allegheny county, Pennsylvania. HIe was graduated from Washington eollege with the elass of 1844, read law at Washing-


Those yKeenan,


869


ALLEGHENY COUNTY


ton, Pa., with T. M. T. MeKennan, and was admitted to the Washington county bar in November, 1847; he then removed to Pitts- burgh and was admitted to the Allegheny eounty bar November 14, 1849, on motion of John A. Wills. Mr. Morrison died April 20, 1886, at Pittsburgh, Pa., and was buried at Monongahela City, Washington county, Pennsylvania. His death was announced to the courts on the day of its oecurrenee by Robert E. Stewart, Solomon Schoyer, Jr., and David T. Watson.


William B. Negley, son of Daniel and Jane (Backhouse) Negley, was born June 5, 1828, at East Liberty, now Nineteenth ward, Pittsburgh, Pa. He was edueated at the pub- lie sehools, academies, and at Jefferson eol- lege. He studied law and was graduated from the law department of Prineeton in 1849, with the degree of LL. B. He regis- tered Deeember 26, 1846, and was admitted November 12, 1849, on motion of Wilson MeCandless. His preceptor was Thomas Mellon. Mr. Negley was a member of the national Republiean executive committee in 1864. He was elected by the general assem- bly of the Presbyterian ehureh a delegate to the general allianee of the Reformed Churches holding the Presbyterian system, which convened at Edinburgh, Seotland, in 1887, and to the same in London, in 1888, both of which he attended. Mr. Negley also served in the war of the rebellion of chief aide on the staff of Gen. James S. Negley, with the rank of major.


Mr. Negley was a member of one of the oldest and best known families in Western Pennsylvania. The prominenee of the fam- ily aided him in the work of his profession. For over a quarter of a century he and his brother-in-law, Mr. David D. Bruee, were partners, and held a elientele unsurpassed by few if any in western Pennsylvania. Mr. Negley was the reverse of Mr. Bruee ; he was heavy, quiet, somber, dignified, solemn with his elients and the people as well as in court.


Among judges and lawyers Mr. Bruce was deemed the better lawyer, but among their clients Mr. Negley held the sway. He was especially proficient in the Orphans' Court law and his practice was largely in that court. He took an active part in ehureh and state affairs. A Presbyterian, his work for that church was persistent and successful. He was a member of many important political conventions, eounty, state and national.


Indeed, he was not only a model lawyer, but a model eitizen and ehurehman.


Mr. Negley died January 16, 1894, and was buried in the Allegheny eemetery, Pitts- burgh.


John M. Carpenter was admitted Novem- ber 23, 1849, on motion of Samuel W. Blaek.


James Brooks Parr Robinson, son of Ephraim A. and Elizabeth (Parr) Robinson, was born April 30, 1824, at New Alexandria, Pa. He was graduated from Jefferson eol- lege with the elass of 1846, registered Novem- ber, 15, 1847, and was admitted Novem- ber, 30, 1849, on motion of his preceptor, Charles Shaler. Mr. Robinson praetieed in Westmoreland eounty, and died at New Alexandria, August 21, 1852.


Gilbert Lafayette De Beelen Fetterman, son of Washington Wayne and Sarah B. (De Beelen) Fetterman, was born in Pitts- burgh, Pa., and was educated at George- town eollege, District of Columbia. He registered October 16, 1844, and was admit- ted Deeember 4, 1849, on motion of Wilson McCandless. Ilis preceptors were Orlando Metcalf and Andrew W. Loomis. Mr. Fet- terman died at his residence in Allegheny City, May 25 ,1883, and was buried in Saint Mary's cemetery, Pittsburgh. His death was announeed in court May 26, 1883, by A. M. Brown and Marshall Swartzwelder.


David Barclay, son of the Rev. Charles R. Barelay and Elizabeth (Bowman) Barelay, was born February 6, 1828, at Punxsutaw ney, Jefferson county, Pennsylvania. He studied law with Wilson McCandless and


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THE BENCII AND BAR OF PENNSYLVANIA


William B. McClure at Pittsburgh. Mr. Barclay registered July 1, 1847, and was ad- mitted December 4, 1849, on motion of Wil- son MeCandless. After his admission he re- moved to Punxsutawney and practieed in the courts of Jefferson county. Mr. Barclay was elected to Congress in 1854, and served from Mareh 4, 1855 to Mareh 4, 1857. After his congressional term expired he removed to Kittanning, Armstrong county, and died at Freeport, in that county, September 10, 1889. He was buried in the Freeport ceme- tery.


George Watson, Jr., registered September 26, 1849, and was admitted Deeember 8, 1849, on motion of his preceptor, Charles Shaler. Mr. Watson, died in Pittsburgh, January 22, 1873.


John Coyle, son of Bernard and Ann (Cur- ran) Coyle, was born February 20, 1819, in the eity of Pittsburgh, Pa. He was educated in the public and private schools of the city, and registered August 31, 1844; he was ad- mitted January 5, 1850, on motion of his pre- eeptor, Wilson MeCandless. Mr. Coyle was prothonotary of the Supreme Court of Penn- sylvania for the Western District. He died April 23, 1888, at Pittsburgh, and was buried in St. Mary's cemetery.


Alexander McLeod Watson, son of James and Margaret (Dickson) Watson, was born June 19, 1823, in Ross township, Allegheny county, Pennsylvania, now Tenth ward, Al- legheny City. IIe was graduated from the Western University of Pennsylvania with the elass of 1844, and registered November 15, 1847. He was admitted January 5, 1850, on motion of Wilson MeCandless. His pre- ceptor was John A. Wills. Mr. Watson was a diamond of the first water, uneut and un- polished. Endowed with immense mental and physical vigor, he reveled in the fierce conflicts of the forum. Well educated, well trained and a well read lawyer, with immac- ulate honesty and an attractive brusqueness, he commanded a large clientele which he


served faithfully and well. Mr. Watson died April 1, 1891, and was buried in the family lot in Uniondale cemetery, Allegheny.


John M. Tiernan registered September 25, 1847, and was admitted January 5, 1850, on motion of David Ritchie. Preceptor, Charles Shaler.


Lafayette Markle registered December 1, 1847. He was admitted February 12, 1850, on motion of James S. Craft. Preceptors, Moses Hampton and Alexander H. Miller.


William J. Howard registered November 30, 1847, and was admitted February 12, 1850, on motion of James S. Craft. Precept- or, Thomas Williams.


Samuel B. Ross was admitted Mareh 23, 1850, on motion of Wilson McCandless.


Samuel Duncan Oliphant, son of F. H. and Jane C. (Duncan) Oliphant, was born at Franklin Forge, Fayette eounty, Pennsyl- vania, August 1, 1826. He was graduated from Jefferson college with the elass of 1843, and came to the bar in Fayette eounty. He removed to Pittsburgh and was admitted to the Allegheny county bar, August 31, 1850, on motion of William Beeson. Mr. Oliphant served in the Thirty-seventh Regiment Penn- sylvania Volunteers in the war of the rebel- lion.


Richard Biddle Roberts, son of Robert J. and Eliza (Campbell) Roberts, was born in Pittsburgh, Pa., August 25, 1825. He regis- tered August 25, 1843, and was admitted No- vember 20, 1850, on motion of James S .. Craft. His preceptor was Edward J. Rob- erts. Mr. Roberts was clerk of the United States District Court at Pittsburg from 1853 to 1856, and was United States attorney for the Western District of Pennsylvania from 1857 to 1861. He served in the war of the rebellion in the Twelfth and Fourteenth Regiments of Pennsylvania Volunteer Infan- try and as chief of the executive military de- partment on the staff of the governor of Pennsylvania. After the war he resumed practiee at Pittsburgh, and in 1869 removed


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ALLEGHENY COUNTY


to Chieago. Mr. Roberts died in Chieago April 19, 1886, and was buried in the Alle- gheny cemetery, Pittsburgh, Pa.


Thomas Johnston Keenan, seeond son of James and Isabella (Johnston) Keenan, was born November 24, 1824, at Youngstown, Westmoreland county, Pennsylvania. He was edueated at Indiana and Greensburg academies, and Dickinson eollege, Carlisle, Pa. Mr. Keenan registered November 1, 1842. He studied law with Samuel F. John- ston at Kittanning, Pa., Joseph HI. Kuhns at Greensburg, and Charles Shaler at Pitts- burgh; was admitted to the bar at Greens- burg, August 20, 1845, and practieed there about one year, then went to Europe with his unele, Hugh Keenan, as European and American law agent, and was engaged with him for seven years, condueting law busi- ness between Europe and America, erossing the Atlantie Oeean eighteen times. His un- ele in the meantime was United States eon- sul to Dublin and Cork. Mr. Keenan was admitted to the Allegheny eounty bar, July 8, 1850, on motion of Andrew Burke. He founded the Legal Journal in 1853, and was prothonotary of the Supreme Court for the Western District of Pennsylvania for fifteen years, from 1858 to 1873. Mr. Keenan died at his home in Pittsburgh, Pa., January 9, 1900, and was buried in Highwood cemetery, Allegheny, Pa. He was as thorough a gen- tleman as ever lived, and all leading cases were as familiar to him as the multiplication table.


Theobald Umbstaetter was born at Neu- stadt, Bavaria, September 6, 1813, and was educated at Heidelberg, and afterwards spent three years in the schools in Franee. lle studied law at Cleveland, Ohio, with Henry B. Payne. Mr. Umbstaetter was ad- mitted to the bar in Cleveland in 1840. Ac- companied by Alexander Curtis, who read law with him, he located at Lisbon, Ohio, and they practieed together for a short time, when Mr. Curtis died. Mr. Umbstaetter then


formed a partnership with Edwin M. Stan- ton, and praeticed at New Lisbon until he removed to Pittsburgh. Ilere he was admit- ted to the Allegheny eounty bar, August 17, 1850, on motion of Charles Shaler, and then formed a partnership with Charles Shaler and Edwin M. Stanton, as Shaler, Stanton & Umbstaetter, which relation lasted until his death, which occurred October 1, 1859, at Pittsburgh, after a short illness. Mr. Umb- staetter was buried in the Allegheny ceme- tery, Pittsburgh, Pa.


Hon. Frederick Hill Collier, LL. D., son of the Rev. William Collier, D. D., and Sarah (Hill) Collier, was born February 25, 1826, in Lancaster county, Pa. His preparatory education was obtained at Bookville aead- emy, near Washington, D. C. He was grad- uated from Columbian college, Washington, D. C., with the class of 1849. He studied law and was admitted to the bar at Washington, D. C., then removed to Pittsburgh and was admitted to the Allegheny eounty bar Jan- uary 11, 1851, on motion of Wm. M. Shinn. He was elected district attorney of Allegheny eounty in 1856, and served three years. He organized the One Hundred and Thirty-ninth regiment of Pennsylvania Volunteer Infantry and commanded it in the war of the Rebel- lion. Ile was brevetted brigadier general of volunteers for gallant and meritorious ser- viees during the war. In 1869 he was elect- ed judge of common pleas of Allegheny eoun- ty for a term of ten years, and was re-elected in 1879, 1889 and 1899. Under the eonstitu- tion of 1874, the above stated eourt was designated, "Court of Common Pleas No. 1," and so remains. On the first Monday of January, 1903, Judge Collier having been duly commissioned, was qualified as presi- dent judge of that court, in which eapaci- ty he is now serving, sueeeeding the Hon. Edwin HI. Stowe. He received the degree of LL. D. from Adrian college, Michigan. in 1886.


Samuel Fleming was born in Allegheny


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THE BENCII AND BAR OF PENNSYLVANIA


county, Pa., and graduated from the Western university with the elass of 1845. He regis- tered November 27, 1848, and was admitted January 27, 1851. His preceptor was Andrew Burke.


S. B. W. Gill was registered January 14, 1848, and admitted January 27, 1851, on motion of Robert Woods. His preceptor was Mathew I. Stewart. He was strieken from the rolls January 11, 1878.


Edward Purnell Jones, son of Thomas and Fannie (Purnell) Jones, was born October 6, 1822, in Pittsburgh, Pa. He was graduated from Allegheny college, Meadville, with the elass of 1848. Mr. Jones registered August 14, 1848, with Charles Shaler, but completed his eourse with Samuel W. Blaek. He was admitted October 26, 1850, on motion of James S. Craft.


Mr. Jones had a large and luerative offiee praetiee and seldom appeared in the courts exeept in the Orphans' Court, where he was frequently ealled in the settlement of the large estates in his eare. He was also solie- itor for many of the monetary institutions of the eity. He was an intelligent and most reputable eitizen, giving mueh of his time to the Episcopal Church in the dioeese and else- where, he being a member and vestryman of Saint Peter's, Pittsburgh.


Mr. Jones died November 3, 1892, and was buried in the Allegheny eemetery.


Jacob Whitesell was born April 27, 1819, on Pine Creek, Hampton township, Allegheny eounty, Pa., the son of George and Mary (Cubbage) Whitesell. He was educated at the Western university of Pennsylvania and Franklin eollege, Athens, Ohio. He studied inedieine with Dr. John Diekson. He regis- tered April 21, 1846, as a law student, and was admitted January 28, 1851, on motion of Robert Woods. His preceptor was Andrew Burke. He died at his home in Sewiekley, February 2, 1885. He was buried in the Sewiekley cemetery.


Anthony Hartz was registered September


18, 1848, and admitted April 1, 1851, on mo- tion of Jasper E. Brady. ITis preceptor was William Bakewell.


James A. Dunlevy was registered April 15, 1848, and admitted April 1, 1851, on motion of Jasper E. Brady. He served in the war of the Rebellion in Independent battery E, Pennsylvania Volunteers.


Benjamin F. Blood was admitted April 12, 1851, on motion of James Dunlop.


Alexander Taylor, son of William and Jane (Wilson) Taylor, was born at Indiana, Pa., June 22, 1822. He was educated at Jefferson college and studied law with William Banks at Indiana. He was admitted to the Indiana county bar in 1844, and served as distriet attorney from 1848 to 1851. He removed to Pittsburgh and was admitted to the Alle- gheny county bar April 14, 1851, on motion of S. Dunean Oliphant. His return to In- diana was made necessary by the death of an uncle, after which he resided and prae- tieed in Indiana until his death.


James Ross Snowden, a member of the Phil- adelphia and Venango bar, was admitted to the Allegheny eounty bar April 25, 1851, on motion of Wilson MeCandless. He remained in Pittsburgh, attending to the business of the Pennsylvania Railway company (of which he had been elected solieitor) until 1853, when President Pieree appointed him director of the United States mint at Philadelphia. Had charge of the mint not only as director but as treasurer until 1861, when he was appointed prothonotary of the Supreme Court, in which he served with marked ability until 1872, when he retired. He died Mareh 21, 1878, at his country home, Hulmeville, Bueks eounty, Pa., in his seventieth year.


Robert H. Criswell was admitted May 2, 1851, on motion of Jasper E. Brady.


Josiah W. Ells was the son of Josiah and Eliza (Campion) Ells. He registered with Samuel Fleming, but completed the course with Edwin H. Stowe, and was admitted May 5, 1851.


J. L. KOETHEN.


873


ALLEGHENY COUNTY


Oliver Hazzard Rippey, son of John and Eliza (Leckey) Rippey, was born August 19, 1825, in the city of Pittsburgh, Pa. He re- ceived his preparatory education in the Western University of Pennsylvania and completed it at Allegheny college, Meadville, but was not graduated for the reason that he would not study Greek, although he ex- celled in all other studies. Mr. Rippey reg- istered November 4, 1848, and was admitted November 20, 1850, on motion of James S. Craft. His preceptor was Reade Washing- ton. Mr. Rippey was solicitor for the city of Pittsburgh in 1852-53. He served in the Mexican war in the First Regiment Pennsyl- vania Infantry, and in the war of the re- bellion in the Seventh and Sixty-first Regi- ments of Pennsylvania Volunteer Infantry. He was killed in the battle of Fair Oaks, Virginia, May 31, 1862.


John Henry Hampton, son of Moses and Anne (Miller) Hampton, was born at Union- town, Fayette county, Pennsylvania, Octo- ber 25, 1828. His preparatory education was gained at the Western University of Penn- sylvania, and also at the West Alexandria academy under the Rev. John McClosky, D. D. He was graduated from Washing- ton eollege with the class of 1847. Mr. Hampton commenced the study of the law with James Todd in Philadelphia, but failing health induced him to return to Pittsburgh, where he completed the course with Edwin H. Stowe, and was admitted to the Allegheny county bar, December 23, 1850, on motion of James S. Craft.


A strong mind in a weak body is not an ideal equipment for successful work in the profession of the law ; yet these were the con- ditions under which John Henry Hampton worked from the beginning to the end of a useful, successful and honorable profession- al life. The greater part of that life was in the service of the Pennsylvania railroad company, and other companies controlled by the Pennsylvania.


Although Mr. Hampton was a railroad lawyer, he never sunk his manhood in that service. Indeed, the Pennsylvania and other companies served by him ean never know the extent of their indebtedness to him, especial- ly when he asserted his manhood and stood as the umpire between the people and the corporations he served. No matter how well the corporations were entrenched in the law of the case in their confliets with the people, Mr. Hampton would not allow an infringe- ment of the rights of the people and it was this that gave him power with the people to grant the corporations the things they were entitled to for the exercise of their powers and duties lawfully and equitably under the law. A masterful mind in railroad law, he was no less a master in all branches of the law and the rights and duties of the profession.


One of Mr. Hampton's elements of strength was his complete mastery of himself. 1 doubt if any one ever knew him to lose his temper and self control. He was always a gentleman, courteous, and universally be- loved. His sense of honor prevented him from appearing before or making a motion, although grantable of course, in the court in which his father was one of the judges. His aptness in changing base or meeting unfor- seen elements in his eases was wonderful. He had an inexhaustible fund of wit and re- partee which served him well in many con- flicts. The following, witnessed by the writer, illustrates it :


An elderly retainer of the Hampton fam- ily being unable to work, had established a eigar and tobaeco stand somewhere and was brought into the United States Court for selling a eigar out of an unstamped box, shortly after the close of the Civil war. Mr. Hampton came in to defend him. The Hon. Wilson McCandless was presiding. Mr. Hampton looked at the papers in the case, asked Mr. Carnahan, the district attorney, to point out the law under which the defendant


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THE BENCH AND BAR OF PENNSYLVANIA


was indicted. After reading it Mr. Hampton remarked to the district attorney, that the old man's defense would be that it was a mere oversight, and but one eigar had been sold. The district attorney called his atten- tion to the faet that all the government had to do was to prove the fact of sale, that the question of intent was not in the ease. The case was then ealled, and the district attor- ney answered, ready for the government.


Mr. Hampton arose and stated that he hardly knew what to do or say. That the de- fendant had lived an honest life, was poor, had gone into this little business to eke out the few days yet left him. That the distriet attorney had shown him the law which merely requires proof of the fact of sale, without reference to the intent, and then procecded to express his abhorrence of that kind of legislation.


Here Mr. Carnahan interrupted by saying that a bill was now being considered by Con- gress for the repeal of the obnoxious part of the law and he warmly hoped for its pass- age. The judge interfered, saying, "Pro- eeed with your case, Mr. Carnahan, and don't eount your ehiekens before they are hatched." Carnahan and Hampton still standing, Hampton quiekly replied, "I hope your honor does not intend to deal fowlly (foully) with us." Quiek as a flash, the judge replied, "Mr. Hampton, we will have none of your chiekanery (chieanery) here!" After this sally of wit, the judge continued the case, discharged the defendant on his own recognizance to appear when sent for, and it is seareely necessary to say that he was never sent for.


Mr. Hampton was arguing a sorely con- tested will case before our Supreme Court on an occasion when he rose to his best work in speaking and acting. The judges annoyed him with questions; finally Justiee Shars- wood broke in with the question, "Mr. Hampton, what is the meaning of 'caveat'?"


Hampton at the moment was on tip-toe, a few feet from the desk, with his right arm in the air; and, waiting to hear the judge's question, he sprang forward at a leap to the desk, his long finger pointed at the inter- rogator, and exclaimed, "Beware"; then stepping baek, resumed his argument. No more questions were asked Mr. Hampton in that argument. Those who saw it, including the judges, pronouneed it one of the finest pieces of aeting they had ever witnessed.


Mr. Hampton admission was the last in the first half of the nineteenth eentury.


He died April 11, 1891, at Spring Lake, N. J., where he had gone to escape our raw spring winds, and was buried in the Alle- gheny cemetery, Pittsburgh.


R. P. O'Donnell was admitted July 31, 1851, on motion of Wilson McCandless.


Thomas Burton Hamilton was registered July 27, 1848, and admitted August 9, 1851, on motion of Jasper E. Brady. His preceptor was Thomas Hamilton. He died May 30, 1870, at Pittsburgh, Pa.


Hill Burgwin was born February 21, 1825, at Hermitage, near Wilmington, N. C. Hle was educated at the university of North Carolina. He studied law with Thomas S. Ash for five years, and completed the course with Frederick Nash, chief justice of North Carolina. He was admitted to the North Carolina bar in 1847. He removed to Pittsburgh and was admitted to the Alle- gheny county bar, December 1, 1851, on mo- tion of Hopewell Hepburn. Mr. Burgwin died August 13, 1898, at his residence, Hassel Hill, Pittsburgh. He was a good lawyer with a large practice and excelled in the logic of the forum. He was a distinguished member of the Episcopal church, serving in her dioce- san and general conventions, where he was a recognized authority on canon and ecclesias- tieal law.


Julius Ludewig Koethen was born of Ger- man parents at Riga, Russia. At an early


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ALLEGHENY COUNTY


age he returned with his family to Koenigs- burg, Prussia, and was edueated there at Frederick college. Arrived in New York, July 26, 1836, and for a time had private tuition in Brooklyn. He removed to Pitts- burgh and was registered with Alfred B. Mc- Calmont November 26, 1849, where he was admitted October 18, 1851, on motion of George P. Hamilton, and praetieed until Oc- tober 30, 1887, when he removed to River- side, California. He practiced there until his death, October 4, 1894. He was buried at Riverside. He was a thorough lawyer, de- voted to the profession and diligently fol- lowed it for life. His scholarship was wide and exact, and his life was pure, gentle, noble and unsullied.


Augustus W. Ruter, registered April 2, 1847, and was admitted October 18, 1851, on motion of John A. Wills. His preceptor was Ernst G. A. Heidelberg. He removed to Texas in 1854 and died there in 1859.


Hopewell Hepburn was born October 28, 1799, in Northumberland county, Pa., and was graduated from Princeton with the class of 1846. He studied law with his brother, Samuel Hepburn, at Milton, Pa., and was admitted to the bar of Northumberland coun- ty in 1823. Ile was appointed associate jus- tiee of the District Court of Allegheny county by the governor of Pennsylvania September 17, 1844. He was commissioned president judge of the same court August 13, 1846, and discharged the duties thereof until November 3, 1851, when he resigned, and on the day of his resignation was admitted to praetiee in the several courts of Allegheny county on motion of Edwin M. Stanton. After his re- tirement from the bench, he practiced for several years and then retired, aceepting the presidency of the Allegheny bank. Mr. Hep- burn died in Philadelphia February 14, 1863, while on a temporary visit to the seashore.




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