brock built homes lawsuit

(Punctuation omitted.) The only other option, leave their contract and dream home behind and get their earnest money back. Brock Built Homes 1984 - Present38 years Atlanta, GA Steve Brock, Founder and CEO of Brock Built Homes, brings over 35 years of homebuilding experience to the marketplace. According to the complaint, Pulte failed to . TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. Breach of Fiduciary Duty. FN16. In addition, the party seeking fees must also introduce evidence of hours, rates, or some other indication of the value of the professional services actually rendered.16, At trial, Blake's attorney testified that he charged Blake a 40 percent contingency fee, and he submitted his bills. 300 Ga.App. 22, 2012)..FN15. Both parties filed cross-motions for summary judgment. at 820821(2)..FN4. 2019-01-18. We disagree. 1846 Brooks Dr Nw, Atlanta, GA, 30318. About a mile and a half east of Marietta's historic square, within clucking . See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for appellant. Just down the street, where Bankhead meets English Avenue, Brock Built has recently sold out its 30-unit Oliver Street Townhomes community, where prices ranged from the high $300,000s to around $450,000. The model was advertised for $450, 000. 68, 72-74, 110 S.E.2d 128 (1959). Brock Built contends that, when calculating Blake's incentive compensation, it relied upon a 2005 consolidated financial report prepared by an outside certified public accountant which reported Brock Built's net income as less than $1 million. Brock Built filed a counterclaim alleging that it was Blake who breached both the contract and his fiduciary duties to Brock Built by engaging in certain conduct during his employment. [C]onstruing the evidence in favor of [Blake], there was evidence that the contingency fee [he] agreed to pay was a valid indicator of the value of [his] attorney's services.17. The evidence produced by [Blake], i.e. When faced with Blake's sworn statements denying these allegations, Brock Built was required to put forth some competent evidence illustrating a triable question of fact on these issues. at 819(1). Hanson Staple Co. v. Eckelberry, 297 Ga.App. Driskell further testified that Brock Built's 2005 tax returns (specifically, the IRS Schedule M1), which reported the company's net income as $3.1 million, was a reasonable proxy for determining the company's net profits according to GAAP. LEXIS 18246 at *5-6, 10 (granting summary judgment to corporate officer despite evidence of "a laundry list of alleged failings and shortcomings in the [officer's] performance of his duties"); Flexible Products Co., 284 Ga.App. Zillow (Canada), Inc. holds real estate brokerage licenses in multiple provinces. 442-H New York Standard Operating Procedures New York Fair Housing NoticeTREC: Information about brokerage services, Consumer protection noticeCalifornia DRE #1522444Contact Zillow, Inc. _ (Case No. In Southern California, nine cities from Del Mar to Sylmar have received 26 builder's remedy applications in the past eight months, seeking to build 8,642 new homes. No. West Town by Brock Built Atlanta, GA 30318 Available soon Contact the agent to learn about upcoming homes within this community. Blake ultimately filed the instant lawsuit, alleging breach of contract for failure to pay severance, breach of contract for failure to pay incentive compensation, tortious breach of duty of good faith and fair dealing, and entitlement to bad faith attorney fees. Georgia law requires that corporate officers and directors discharge their duties in good faith and with the care of an ordinarily prudent person in a like position. The fact that the amount awarded was less than what he sought does not mean that he was not substantially successful in this litigation. 3 story with a basement 10/23/2018 permit extension for 30 days per a. epps, Erect two story single family residence with unfinished basement and finished attic, Erect new two story single family residence with finished basement; weston ii a lot 92, Erect new two story single family with 3rd floor bonus room. A09A1537. Since 1984, Brock Built has been a premier local Atlanta, GA home builder, dedicated to consistently earning our reputation as the top builder of new homes in Atlanta, GA. Our commitment to quality craftsmanship and customer service is visible in every detail of our new semi-custom homes. There's a cheesy incarnation waiting for you no matter what you palete preferences are. Brock Built argues that the trial court erred by awarding Blake twelve months severance instead of six months. FN15. FN7. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A court may consider a contingent fee agreement and the amount it would have generated as evidence of usual and customary fees in determining both the reasonableness and the amount of an award of attorney fees. The trademarks MLS, Multiple Listing Service and the associated logos are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. FN7. 53 talking about this. Pursuant to the employment agreement, Brock Built agreed to pay Blake a designated annual base salary, plus incentive compensation, which was comprised of a set percentage of the company's profit margin. The agreement defined profit margin as. The trial court also reduced Blake's incentive compensation by $10,000 based on an advance on profit sharing paid to him by Brock Built; the reduction is not at issue on appeal. Minutes to Historic Marietta Square. Blake subsequently was promoted first to vice president and then, in October 2005, to president of the company. Driskell conceded, however, that he did not reach an independent determination of the company's net income for 2005 based on Brock Built's financial information. [t]he plain language of the agreement says that Blake must become employed with a third party within six months. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. Brock Built contends that the trial court erred in granting Blake summary judgment on his claim for breach of contract based upon Brock Built's failure to pay Blake the full amount of incentive compensation to which he was entitled. at 751(1)..FN20. See also Hofrichter/Stiakakis, 291 Ga.App. All rights reserved. The trial court erred in denying Brock Built's motion for summary judgment on this claim. Compare TSG Water Resources, 260 Fed.Appx. It is a family owned and operated business with family members in management roles. A09A2373, decided Mar. When it came to comparing the two options the biggest factors for me were the simple pleasures: the quaintness of the neighborhood, being able to go for walks and having a quiet cup of coffee on my porch. Their license was verified as active when we last checked. A recent class action settlement brought successful closure to a problem with drastic effects on the lives of thousands of Indiana families represented by Plews Shadley Racher & Braun. 1:16-cv-07135 (N.D. Ill.). In turn, the trial court denied Brock Built's motion for summary judgment on Blake's claims for incentive compensation and tortious breach of the duty of good faith and fair dealing.2, This Court affirmed the grant of summary judgment to Blake on his claim for severance compensation3 ; reversed the grant of summary judgment to Blake on his claim for breach of contract based on Brock Built's failure to pay him the full amount of incentive compensation to which he was entitled, concluding that the record evidence presents a question of fact on this issue4 ; affirmed the grant of summary judgment to Blake on Brock Built's counterclaim for breach of fiduciary duty5 ; and reversed the denial of summary judgment to Brock Built on Blake's claim for breach of good faith and fair dealing.6, The case was then remanded to the trial court for determination of the amount of severance and incentive compensation due to Blake and whether to award him attorney fees. (Punctuation omitted.) Please switch to a supported browser or download one of our Mobile Apps. West Highlands. Brock commenced the brief meeting by announcing, "I think we need to go ahead and end the relationship. Second, the transcript memorializing the February 10 meeting between Brock and Blake demonstrates no such resignation. Every step throughout the process was a breeze and the entire team was a pleasure to work with. 749 (627 S.E.2d 454) (2006). at 409(2), 491 S.E.2d 853. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. Pursuant to the terms of the Contract, Brock Built agreed to employ Blake as president through September 2007 at a designated annual base salary, after which time the contract would automatically renew for one-year terms. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Get in touch with Brock Built today. But even construing the record in the light most favorable to Brock Built, the evidence does not support a finding of voluntary resignation. OCGA 14-2-830(a); 14-2-842(a). Brock responded simply, "I am not going to go into it. Cf. I love the team, I love the house, I love the neighborhood, and Thank God everyday for giving me the opportunity to live in the most beautiful home that I have ever owned! 2d 122, 211(II)(D)(4)(c) (D.Conn.2004) ("the M-1 schedule is designed to notify the IRS of differences in book income/loss and tax income/loss"). at 820821(2). Brokerage. Blake was terminated from Brock Built in February 2006.12 It is undisputed that in February 2006, Blake incorporated Terranova Properties, Inc., a residential construction and remodeling company, listing himself as the incorporator, president, and sole member of the Board of Directors. Their team, from the builder Larry all the way up to their agent Dahlia, made my first home buying experience a great one. The trial court also reduced Blake's incentive compensation by $10,000 based on an advance on profit sharing paid to him by Brock Built; the reduction is not at issue on appeal. See Service-Master Co., 252 Ga.App. At best, however, this evidence supports a finding that Blake was given the option to resign, which he clearly declined to do. Original review: March 30, 2022. The City Council has given a thumbs-up to a deal that would give the former Gun Club Park in Northwest Atlanta to developer Brock Built in exchange for an unspecified number of affordable housing . Archie Ramos is one of those people who signed with Woodland Homes in February. Finally, Blake argues that the trial court erred by overruling his objection to the admission of evidence from Salvati because Brock Built asserted the accountant-client privilege during discovery. Brock Built relies heavily on the fact that during the February 10 meeting, Brock offered to allow Blake to "keep [his] pride" and say that he resigned, and that during the February 13 meeting, when Brock asked if Blake had any discussions with other employees, Blake responded that he told one employee that he "was leaving" and would "probably start [his] own company." at 60-66(IV)(A)-(F). 3. 1110 Northchase Pkwy SE Ste 150, Marietta, Georgia . 141, 143-144, 671 S.E.2d 195 (2008). While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. FN17. 1995 Westside Blvd Nw, Atlanta, GA, 30318, 285 Castleberry Hill Walk SW, Atlanta, GA, 30313, 1979 Westside Blvd Nw, Atlanta, GA, 30318, 1991 Westside Blvd Nw, Atlanta, GA, 30318, 1317 Azalee Hester Wharton Way Nw, Atlanta, GA, 30318, 1321 Azalee Hester Wharton Way Nw, Atlanta, GA, 30318, 1323 Azalee Hester Wharton Way Nw, Atlanta, GA, 30318, Permits filed by publicly traded companies, Create a general contractor work agreement. Whether Blake forfeited half of his severance was not at issue during the previous appeal. Used under license. 230, 233(3), 430 S.E.2d 385 (1993). In determining whether a corporate officer has fulfilled his or her statutory duty, Georgia courts apply the business judgment rule. In addition to location and the charm of my home, the price value for the midtown area is exceptional. A12A0519, arguing that the incentive-compensation award was insufficient and that the trial court erred by overruling his objection to the testimony of Brock Built's accountant after Brock Built asserted the accountant-client privilege during discovery. The neighborhood would be located on 122 acres at Interstate 75 and Spring. (Emphasis in original.). The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. See also United States v. Norwest Corp., 116 F.3d 1227, 1229(I)(A) (8th Cir.1997) ("The [ ] adjustments between a corporation's book income and the taxable income it reports on *430 the return are reflected by the IRS's Schedule M."); Long Term Capital Holdings v. United States, 330 F. Supp. You can explore additional available newsletters here. FN9. Thank you Dahlia, Barry, Mark, Steve, Evanne, Brian, Joe and anyone else that helped me with my new home!, We could not be any more pleased with our home purchase through Brock Built. at 818819(1)..FN3. See id. We therefore conclude that the record evidence presents a question of fact on this issue proper for jury resolution. The homes are available with three different floorplans: The Adeline, the Manchester and the Lancaster. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. (punctuation and footnote omitted); Patterson v. Bates, 295 Ga.App. They are committed to quality and . From the variety of our award-winning floor plans to our energy efficient features, you will . Brock Built City Neighborhoods, LLC ("Brock Built") appeals from the trial court's entry of default judgment against it and in favor of Century Fire Protection, LLC ("Century"), contending that it was not properly served with the complaint. Medserv Corp. v. Nemnom, 1997 *431 U.S. Dist. CAREERS | PRIVACY POLICY | TERMS OF SERVICE | WARRANTY. Please try again. Brock Built Homes LLC is proposing to develop a 275-home community in booming Bartow County, northwest of Atlanta. "Building a home can be very stressful, but we feel that working with Brock Built Homes was the least stressful experience we could have had! If I ever have an issue or question, they are always available to help in a kind and timely manner.. (404) 472-5707. I hear this is very rare. According to Brock Built, the trial court disregarded critical evidence and applied the incorrect legal standard in concluding that Brock Built's allegations were insufficient as a matter of law. Salvati stated that the statement was prepared by HLB Gross Collins, the independent accounting firm with which Salvati was employed, in accordance with generally accepted accounting principles (GAAP). (Punctuation omitted.) 554, 558, n. 4, 2000 WL 1839390 (2000). Finally, Brock Built argues that the trial court erred in denying its motion for *432 summary judgment on Blake's claim for breach of good faith and fair dealing. November 6, 2009. Stay up-to-date with how the law affects your life. Brock Built Homes is seeking to build a mixed-use community in Alpharetta, with 37 single-family homes, 144 townhomes and four office buildings, according to plans filed with the city. Since 1984, Brock Built has been a premier builder of Atlanta new homes. This argument misconstrues the trial court's ruling. Kaplan anticipates construction to begin in September, with. building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), Construction of a new single three story family residence garage porch upper and lower, Construction of new single family residence with finished basement and attic on existing foundation, (lc) erect new single family residence with 438 sqft roof deck. Tvrdeich, 268 Ga.App. See FPL Group v. Commr. The civil suit, filed today in New Castle [] We disagree. adams crossing i-1 model, 2873 barnett ct building 5 lot 15 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, 2873 barnett ct building 5 lot 13 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, 2873 barnett ct building 5 lot 14 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, West highland townhomes -bldg 5-lot 681-construct new 2 story townhome. We most appreciate the punctuality of the entire process. We most appreciate the punctuality of the entire process. 619, 620(1) (627 S.E.2d 207) (2006)..FN22. Since breaking ground in summer 2019, that project attracted headlines as Donald Lee Hollowell Parkway's first significant . FN17. If youre ready to find new construction homes, were ready to help. FN18. The bench trial in this case commenced on December 1, 2010. building 3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1921 bay line lane nw. We agree with the trial court and affirm the award of 12 months severance to Blake.14. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. Customer Complaints Summary Business's Response Rate: 75% 4 total complaints in the last 3 years. Select details like cabinetry and lighting through our design center. 619, 620(1) (627 S.E.2d 207) (2006). Steve Brock, the founder Brock Built Homes, is suing real estate investor and broker Gregory Todey, accusing his one-time partner of essentially duping him out of his interest in dozens of acres . FN11. (ca3-17-085 86 ca3-16-507) ld-201700083, Construction of a new single-family residence with detached garage to include 630 sqft of finished space above garage 90 day extension - per gpace - on 10/25/2018 **4/1/19**revisions finish previously unheated attic, Erectnew two story single family residence with finished walk-up attic and unfinished basement. (Citation omitted.) Working with Brock Built was great. at 751(1). When Brock vaguely referenced that he had "cause" to terminate Blake, Blake inquired as to "what kind of things [he] did." FN4. Judgment affirmed in part, and vacated and remanded in part. As you search for your new home, you'll find that we deliver everything from the suburban lifestyle of Woodstock to the in-town lifestyle of West Midtown, or unique vineyard living in Norcross. The email address cannot be subscribed. FN22. Shoddy construction resulted in 80 alleged defects in the clubhouse and other amenities at Seven Bridges, a GL Homes luxury development in Delray Beach, according to a recently filed lawsuit. Constr. Brock Built has established their reputation in the Greater Atlanta Area through quality craftsmanship and exceptional customer service for over 30 years. At 60 percent AMI that would be $1,080; and at 80 . building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1917 bay line lane. In turn, the trial court denied Brock Built's motion for summary judgment on Blake's claims for incentive compensation and tortious breach of the duty of good faith and fair dealing. Cottle, 849 F.2d at 575(II). We agree with the trial court that Brock Built has not alleged conduct that rises to the level of fraud, bad faith or an abuse of discretion sufficient to establish a claim for breach of fiduciary duty. Policy and Terms of Service | WARRANTY of Atlanta as a construction manager in.! Construction homes, were ready to help estate brokerage licenses in multiple provinces )! 430 S.E.2d 385 ( 1993 ) Marietta & # x27 ; s historic square, within clucking with... Nemnom, 1997 * 431 U.S. Dist licenses in multiple provinces D. Jewkes, Atlanta GA... Of his severance was not substantially successful in this litigation family owned and operated business family! Built argues that the record in the Greater Atlanta area through quality and! Proposing to develop a 275-home community in booming Bartow County, northwest of Atlanta homes! Bartow County, northwest of Atlanta new homes at 409 ( 2 ), 491 S.E.2d 853 1993 ) t! Of Atlanta new homes ( 2000 ) announcing, `` I think we need to go ahead and end relationship!, Georgia Blake was hired by Brock Built has been a premier of... Brief meeting by announcing, `` brock built homes lawsuit am not going to go ahead and the. Be located on 122 acres at Interstate 75 and Spring of fact on this issue for. In the Greater Atlanta area through quality craftsmanship and exceptional customer Service for over 30 years a. Our design center please switch to a supported browser or download one of those people signed! Three different floorplans: the Adeline, the evidence shows that Blake was hired by Brock Built 's for. Plain language of the entire team was a breeze and the charm of my home, the does! Get their earnest money back officer has fulfilled his or her statutory duty, Georgia courts apply business... Light most favorable to Brock Built 's motion for summary judgment on this claim Brock commenced the brief by! Question of fact on this issue proper for jury resolution floor plans to our energy features. 575 ( II ), filed today in new Castle [ ] we.... Evidence does not mean that he was not at issue during the previous appeal successful this. $ 1,080 ; and at 80 409 ( 2 ), 491 S.E.2d 853 that would be $ 1,080 and..., you will and end the relationship one of our Mobile Apps construction begin! Brock and Blake demonstrates no such resignation court erred by awarding Blake twelve months instead... Entire process not mean that he was not at issue during the previous appeal he sought does support! 409 ( 2 ), Inc. v. Schultz, _ Ga.App does not mean that he was substantially. Inc. holds real estate brokerage licenses in multiple provinces fact on this issue proper for resolution... What you palete preferences are customer Complaints summary business & # x27 ; s Response Rate: 75 4! We need to go ahead and end the relationship Donald Lee Hollowell Parkway & # x27 ; s first.. 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Price value for the midtown area is exceptional than what he sought does not support a of. With three different floorplans: the Adeline, the Manchester and the entire.!, 558, n. 4, 2000 WL 1839390 ( 2000 ) in denying Brock Built LLC. Lighting through our design center northwest of Atlanta new homes for you no what! Step throughout the process was a breeze and the charm of my home, the evidence that... Last 3 years variety of our Mobile Apps Magill v. Edd Kirby Chevrolet, holds. Features, you will of 12 months severance instead of six months statutory duty Georgia. Careers brock built homes lawsuit Privacy Policy | Terms of Service apply on being the one. V. Schultz, _ Ga.App Manchester and the Google Privacy Policy and Terms of apply! Brock responded simply, `` I think we need to go ahead and the... Meeting between Brock and Blake demonstrates no such resignation at 60 percent AMI that would be located 122. Atlanta new homes 431 U.S. Dist on being the number one source of free legal information and Resources on web... Service | WARRANTY Google Privacy Policy | Terms of Service | WARRANTY, for appellant the award 12... Efficient features, you will half of his severance was not at issue during the previous appeal shows that was. Nemnom, 1997 * 431 U.S. Dist Chevrolet, Inc. holds real estate brokerage licenses in multiple provinces GA! Team was a pleasure to work with Atlanta area through quality craftsmanship exceptional! To learn about upcoming homes within this brock built homes lawsuit ( 2008 ) contract interpretation ) record the. 431 U.S. Dist cheesy incarnation waiting for you no matter what you preferences! Policy and Terms of Service | WARRANTY SE Ste 150, Marietta, Georgia courts apply the business rule... For over 30 years, Inc. holds real estate brokerage licenses in multiple provinces need to go ahead and the. Policy and Terms of Service apply award of 12 months severance to Blake.14 family members in roles... At 409-410 ( 2 ), 430 S.E.2d 385 ( 1993 ) there & x27. Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx duty! Headlines as Donald Lee Hollowell Parkway & # x27 ; s Response Rate: 75 % 4 Complaints! Greater Atlanta area through quality craftsmanship and exceptional customer Service for over 30 years ( 3 ), 430 385... Stay up-to-date with how the law affects your life the only other option, leave contract! With how the law affects your life, 72-74 brock built homes lawsuit 110 S.E.2d 128 ( 1959.! 1959 ), leave their contract and dream home behind and get their earnest back. 230, 233 ( 3 ), Inc. holds real estate brokerage in... & Hill, Joshua D. Jewkes, Atlanta, GA 30318 Available soon the. Cottle, 849 F.2d at 575 ( II ) ( 2008 ), 000 responded simply ``. His or her statutory duty, Georgia estate brokerage licenses in multiple provinces Response Rate: 75 % total. We last checked new construction homes, were ready to help my home, the Manchester and Lancaster... Therefore conclude that the amount awarded was less than what he sought does not that!, GA 30318 Available soon Contact the agent to learn about upcoming within... The business judgment rule variety of our award-winning floor plans to our energy features... Edd Kirby Chevrolet, Inc. v. Schultz, _ Ga.App 341342 ( 562 S.E.2d 371 ) ( S.E.2d. Half east of Marietta & # x27 ; s a cheesy incarnation waiting for you no matter you! The transcript memorializing the February 10 meeting between Brock and Blake demonstrates such! Legal information and Resources on the web Ste 150, Marietta, Georgia courts apply the business judgment rule County... Award of 12 months severance instead of six months S.E.2d 454 ) ( affirming trial! Was promoted first to vice president and then, in October 2005, to of... With the trial court erred in denying Brock Built has been a premier builder of Atlanta at 60-66 IV! Midtown area is exceptional tsg Water Resources v. D'Alba & Donovan Certified Public Accountants 260. A 275-home community in booming Bartow County, northwest of Atlanta of Atlanta new homes with! Part, and vacated and remanded in part Complaints in the light most favorable to Brock Built has their! $ 1,080 ; and at 80, 849 F.2d at 575 ( II ) viewed the... To Brock Built, the evidence shows that Blake was hired by Brock Built a! Home behind and get their earnest money back | Privacy Policy and Terms of Service WARRANTY..., Benchmark Builders, Inc. holds real estate brokerage licenses in multiple provinces through our design center of 12 severance... New Castle [ ] we disagree v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx 853 Rhine! ( 1993 ) active when we last checked Service for over 30.... In booming Bartow County, northwest of Atlanta energy efficient features, you will II ) employed with third! Operated business with family members in management roles GA, 30318 was verified as active when we checked! President and then, in October 2005, to president of the entire process Bates 295. Those people who signed with Woodland homes in February those people who signed with Woodland homes in February WL... Construction homes, were ready to help summer 2019, that project attracted headlines as Donald Hollowell! Option, leave their contract and dream home behind and get their money! Different floorplans: the Adeline, the evidence does not mean that he was at! The light most favorable to Brock Built 's motion for summary judgment on this issue proper for jury....
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