i-law

Lloyd's Law Reports

THE "DESPINAR.", SERVICES EUROPE ATLANTIQUE SUD (SEAS) v. STOCKHOLMS REDERIAKTIEBOLAG SVEA (THE "FOLIAS")

[1979] 1 Lloyd's Rep. 1
Practice - Foreign currency - Judgments and arbitration awards - Whether Judges and arbitrators entitled to give judgments and awards in foreign currency in cases of tort and breaches of contract.

PORT SWETTENHAM AUTHORITY v. WU AND CO. (M) SDN. BHD. (THE "SANSEI MARU")

[1979] 1 Lloyd's Rep. 11
Negligence - Bailment - Goods lost while in custody of bailee - Whether bailee liable in negligence - Onus of proof.

PIERMAY SHIPPING CO. S.A. AND BRANDT'S LTD. v. CHESTER

[1979] 1 Lloyd's Rep. 17
Practice - Evidence - Defendants wished to introduce in evidence statement of witness - Witness beyond the seas - Whether evidence should be admitted - Civil Evidence Act, 1968, s. 8(1).

RUSTENBURG PLATINUM MINES LTD. JOHNSON MATTHEY (PTY.) LTD. AND MATTHEY BISHOP INC. v. SOUTH AFRICAN AIRWAYS AND PAN AMERICAN WORLD AIRWAYS INC.

[1979] 1 Lloyd's Rep. 19
Carriage by air - Limitation of liability - Theft of box of platinum from aircraft - Whether plaintiffs' claim discharged by agreement - Whether loss caused by misconduct of airline's loaders acting within scope of their employment- Whether airline took all necessary steps to avoid loss - Whether loss caused or contributed to by plaintiffs' negligence - Warsaw Convention, arts. 20, 21, 22 and 25.

STAR SEA TRANSPORT CORPORATION v. SLATER, LAUGHTON AND COLLARBONE (THE "CAMILLA M")

[1979] 1 Lloyd's Rep. 26
Practice - Injunction - Trade dispute - Vessel "blacked" - Union made demands to be complied with before vessel allowed to sail - Whether dispute a "trade dispute" - Whether owners entitled to an injunction restraining union from preventing ship sailing.

THE "UNIQUE MARINER" (No. 2)

[1979] 1 Lloyd's Rep. 37
Salvage-Award-Master signed Lloyd's form of salvage agreement with salvors-Refused to allow salvors to perform contract-Salvors standing-by- Rights of superseded salvors-Whether salvors entitled to restitutio in integrum either as compensation or as damages for breach of contract.

PIERMAY SHIPPING CO. S.A. AND BRANDT'S LTD. v. CHESTER (THE "MICHAEL")

[1979] 1 Lloyd's Rep. 55
Insurance (Marine) - Scuttling - Total loss of vessel - Owners claimed for loss by perils of the seas - Whether claim fraudulent - Claim for loss by barratry - Whether vessel deliberately sunk with knowledge and privity of owners.

NORTH OCEAN SHIPPING CO. LTD. v. HYUNDAI CONSTRUCTION CO. LTD. AND HYUNDAI SHIPBUILDING AND HEAVY INDUSTRIES CO. LTD. (THE "ATLANTIC BARON")

[1979] 1 Lloyd's Rep. 89
Contract-Shipbuilding-Yard increased purchase price by 10 per cent.-Owners refused to pay additional increase-Yard threatened to terminate contract-Whether owners entitled to recover alleged overpayment-Whether conduct of yard amounted to "economic duress".

KOREA EXCHANGE BANK v. DEBENHAMS (CENTRAL BUYING) LTD.

[1979] 1 Lloyd's Rep. 100
Bill of Exchange-Document-Construction- Whether document a bill of exchange-Bills of Exchange Act, 1882.

FRASER v. EQUITORIAL SHIPPING CO. LTD. AND EQUITORIAL LINES LTD. (THE "IJAOLA")

[1979] 1 Lloyd's Rep. 103
Contract - Shiprepairs - Plaintiff employed as consulting engineer - Whether plaintiff employed as principal or agent - Whether plaintiff acted in owners' best interests - Whether plaintiff entitled to exercise lien over bearings - Claim by plaintiff for balance of account.

PRACTICE DIRECTION

[1979] 1 LLOYD'S LAW REPORTS 122
The Inheritance (Provision for Family and Dependants) Act, 1975-Endorsement of orders on grants of representation.

JAMES & CO. SCHEEPVAART EN HANDELMIJ B.V. v. CHINECREST LTD.

[1979] 1 Lloyd's Rep. 126
Contract - Agency - Freight - Defendants collecting freight for plaintiffs - Dispute as to terms of contract - Defendants failed to pay freight to plaintiffs - Whether plaintiffs' claim for account of money due entitled to succeed - Whether defendants could plead set-off.

HYUNDAI HEAVY INDUSTRIES CO. v. PAPADOPOULOS AND OTHERS

[1979] 1 Lloyd's Rep. 130
Contract - Shipbuilding - Guarantee - Buyers defaulted in payment - Plaintiffs rescinded contract - Whether rescission based on contractual right - Writ issued after contract rescinded - Whether there was an accrued right to unpaid instalments before date of rescission.

THE "KYLIX" AND "RUSTRINGEN"

[1979] 1 Lloyd's Rep. 133
Collision-Negligent navigation-Collision in Thames Estuary-Both vessels inward bound- Whether collision caused by negligent navigation of one or both vessels-Liability for collision- Apportionment of liability.

THE "AVANCE"

[1979] 1 Lloyd's Rep. 143
Collision - Crossing vessels - Collision off port of Dakar - Liability for collision - Apportionment of liability.

GOLAR GAS TRANSPORT INC. v. THE LIQUEFIED GAS SHIPPING CO. LTD. AND OTHERS GOLAR GAS CARRIERS INC. v. SAME GOLAR GAS TANKERS INC. v. SAME THE LIQUEFIED GAS SHIPPING CO. LTD. v. GOLAR GAS TRANSPORT INC. SAME v. GOLAR GAS CARRIERS INC. (THE "HILLI", "KHANNUR" AND GIMI")

[1979] 1 Lloyd's Rep. 153
Charter-party (Time)-Hire-Production of liquefied natural gas interrupted-Charterers gave notices suspending payment of hire-Whether notices valid-Whether owners entitled to claim balance and outstanding hire-Whether charterers entitled to recover hire allegedly overpaid.

CHINA-PACIFIC S.A. v. THE FOOD CORPORATION OF INDIA (THE "WINSON")

[1979] 1 Lloyd's Rep. 167
Salvage - Bailment - Remuneration - Vessel stranded - Voyage abandoned - Salvage services rendered to cargo - Whether relationship between charterers and salvors that of bailor-bailee - Whether salvors entitled to remuneration - Lloyd's Open Form of Salvage agreement.

MOTO VESPA S.A. v. MAT (BRITTANIA EXPRESS) LTD., AND MATEU & MATEU S.A. AND VINCENTE BELLOCH GALVEZ SAME v. MATEU & MATEU S.A. AND VINCENTE BELLOCH GALVEZ

[1979] 1 Lloyd's Rep. 175
Carriage by road - C.M.R. - Limitation of time - Jurisdiction - Contract for carriage of lathes from Birmingham to Madrid - Whether carriage covered by one or two separate contracts - Whether plaintiffs' claim time barred - Whether Court had jurisdiction - Arts. 15, 31, 32, C.M.R. Convention.

O'KEEFE v. JOHN STEWART & CO. SHIPPING LTD. (THE "YEWKYLE")

[1979] 1 Lloyd's Rep. 182
Damages - Personal injury - Plaintiff injured in fall from ladder - Whether "safe system" employed - Whether plaintiff guilty of contributory negligence - Quantum of damages.

RE ALLOBROGIA STEAMSHIP CORPORATION (THE "ALLOBROGIA")

[1979] 1 Lloyd's Rep. 190
Company - Winding-up - Third party rights against insurers - Petition for winding-up opposed by P and I Association - Whether contract between company and association a contract of insurance - Whether company's claim against association could be enforced by third parties - Rules of the Protecting and Indemnity Club - Third Parties (Rights against Insurers) Act, 1930, s. 1.

FEDERAL COMMERCE AND NAVIGATION LTD. v. MOLENA ALPHA INC. SAME v. MOLENA BETA INC. SAME v. MOLENA GAMMA INC. (THE "NANFRI" "BENFRI" AND "LORFRI")

[1979] 1 Lloyd's Rep. 201
Charter-party (Time) - Repudiation - Charterers deducted claim from instalment of hire - Owners instructed masters not to sign "freight pre-paid" bills of lading - Charterers treated owners' conduct as repudiating charters - Whether charterers entitled to make deductions - Whether charterers had validly terminated charters - Baltime form.

UNITRAMP v. GARNAC GRAIN CO. INC. (THE "HERMINE")

[1979] 1 Lloyd's Rep. 212
Charter-party (Voyage) - Safe port - Vessel prevented from leaving port - Whether port "safe" at time of its nomination - Whether temporary obstacles preventing vessel leaving port rendered it unsafe.

BREMER HANDELSGESELLSCHAFT M.B.H. v. C. MACKPRANG JR.

[1979] 1 Lloyd's Rep. 221
Sale of goods (c.i.f.) - Prohibition of export - Force majeure - U.S. soya bean meal sold c.i.f. Rotterdam - Shipment to be made monthly April/September, 1973 - Embargo on shipment of U.S. soya bean meal imposed by U.S. Department of Commerce - Whether buyer had waived rights to performance under June bills of lading - GAFTA 100.

WOOLCOTT v. EXCESS INSURANCE CO. LTD. AND MILES, SMITH, ANDERSON AND GAME LTD.

[1979] 1 Lloyd's Rep. 231
Insurance (Fire)-Non-disclosure-Insurance brokers -Plaintiff did not disclose previous convictions to insurers-Property destroyed by fire-Whether non-disclosures material-Whether brokers aware of plaintiff's criminal record-Whether insurers could avoid policy-Whether insurers entitled to an indemnity from brokers.

WILLCOCK v. PICKFORDS REMOVALS LTD.

[1979] 1 Lloyd's Rep. 244
Practice - Arbitration - Contract - Whether contract included arbitration clause - Whether submission to arbitration - Whether action should be stayed - Arbitration Act, 1950, s. 4 - Arbitration Act, 1975, s. 1(1).

THE "GLENFALLOCH"

[1979] 1 Lloyd's Rep. 247
Collision - Crossing vessels - Collision in the Irako channel of the port of Nagoya - Liability for collision - Apportionment of liability.

DALY v. GENERAL STEAM NAVIGATION CO. LTD. (THE "DRAGON")

[1979] 1 Lloyd's Rep. 257
Negligence - Exemption clause - Personal injury - Plaintiff injured on board defendants' ship - Whether accident caused by defendants' negligence - Whether defendants could rely on exclusion clause in ticket - Quantum of damages.

UNITED CITY MERCHANTS (INVESTMENTS) LTD. AND GLASS FIBRES AND EQUIPMENTS LTD. v. ROYAL BANK OF CANADA, VITROREFUERZOS S.A. AND BANCO CONTINENTAL S.A. ("THE AMERICAN ACCORD")

[1979] 1 Lloyd's Rep. 267
Bunking-Letter of credit-Bill of lading-Date on bill of lading altered-Whether allegation of fraud made out-Whether letter of credit amended- Whether defendants entitled to refuse payments against document presented.

BUNGE S.A. v. KRUSE

[1979] 1 Lloyd's Rep. 279
Sale of goods (c.i.f.) - Arbitration - Prohibition of export - Non-delivery - Validity of appointment of buyers' arbitrator - Whether appointment within time - Whether application for extension of time should be granted - Whether sellers protected by cl. 21 - Whether award should be remitted - GAFTA 100.

SALMOND AND SPRAGGON (AUSTRALIA) PTY LTD. v. PORT JACKSON STEVEDORING PTY LTD. (THE "NEW YORK STAR")

[1979] 1 Lloyd's Rep. 298
Bill of lading - Exemption clause - Stevedores - Goods discharged and placed in warehouse - Usual practice for carriers to report to office with shipping documents to obtain gate pass and collect goods - Goods obtained by thief without presentation of documents - Whether ship's agents and stevedores liable - Whether stevedores not parties to contract could rely on exclusion clauses in bill of lading - Whether claim time barred - Australia.

THE "PERMINA 3001"

[1979] 1 Lloyd's Rep. 327
Charter-party (Time)-Hire-Non-payment-Action in rem-Vessel arrested-Whether vessel "beneficially owned as respect all shares therein"- High Court (Admiralty Jurisdiction) Act (Cap. 6) s. 4 (4) Singapore.

NEGOCIOS DEL MAR S.A. v. DORIC SHIPPING CORPORATION S.A. (THE "ASSIOS")

[1979] 1 Lloyd's Rep. 331
Sale of ship - Mareva injunction - Buyers obtained Mareva injunction but did not advise sellers until after completion of sale - Sellers applied for discharge of injunction - Whether injunction ought to be restored.

DIAMOND v. BANK OF LONDON & MONTREAL LTD.

[1979] 1 Lloyd's Rep. 335
Practice - Jurisdiction - Plaintiff alleged fraudulent misrepresentation - Whether tort committed within jurisdiction - Whether leave to serve notice of writ out of jurisdiction should be granted - R.S.C., O.11, r. 1(1) (h).

SARONIC SHIPPING CO. LTD. v. HURON LIBERIAN CO.

[1979] 1 Lloyd's Rep. 341
Charter-party (Voyage)-Contract of affreightment- Bunker escalation clause-Claimants submitted invoices for increased costs of bunkers-Vessels in question neither owned by nor demised to claimants-Whether principles of course of dealing, estoppel waiver or restitutio in integrum applied-Whether special case should be remitted-Essovoy 1969.

A/S A WILCO v. FULVIA S.p.A. DI NAVIGAZIONE (THE "CHIKUMA")

[1979] 1 Lloyd's Rep. 367
Charter-party (Time) - Hire - Non-payment - Owners withdrew vessel - Whether charterers made "payment in cash" - Whether charterers entitled to damages for wrongful withdrawal - New York Produce Exchange form.

PROMOS S.A. v. EUROPEAN GRAIN & SHIPPING LTD.

[1979] 1 Lloyd's Rep. 375
Sale of goods (c.i.f.) - Non-acceptance - Whether insurance certificate tendered complied with contract - Whether variations affected other clauses in contract - Whether buyers entitled to reject goods - GAFTA 15.

PLEASURAMA LTD. v. SUN ALLIANCE AND LONDON INSURANCE LTD.

[1979] 1 Lloyd's Rep. 389
Insurance (Fire) - Reinstatement - Market value - Measure of damages - Whether amount of claim should be based on costs of reinstatement or market value.

COSTAIN-BLANKEVOORT (U.K.) DREDGING CO. LTD. v. DAVENPORT (THE "NASSAU BAY")

[1979] 1 Lloyd's Rep. 395
Practice - Marine insurance - Exclusion clause - Dredger sucked up Oerlikon shells - Explosion caused - Whether loss of dredger due to "war risks" - Whether plaintiffs entitled to resist revenue's claim for balancing charge - Construction of exclusion clause - Capital Allowances Act, 1968, s. 33 (7) - War Risks Insurance Act, 1939, s. 1 (2), Sched. 1, cl. 9 (3).

DAVIDSON v. GUARDIAN ROYAL EXCHANGE ASSURANCE

[1979] 1 Lloyd's Rep. 406
Insurance (Motor) - Contract - Implied term - Insurers exercised option to repair car - Whether implied term that repairs should be executed within a reasonable time - Whether insured entitled to damages for loss of use of car - Scotland.

BRUCE'S STORES (ABERDEEN) LTD. v. RICHARD IRVIN AND SONS LTD. (THE "BEN GAIRN")

[1979] 1 Lloyd's Rep. 410
Salvage - Action in personam - Salvage services rendered to trawler - Proper amount of salvage to be awarded - Whether fishing losses a separate expense - Interest payable on salvage award - Scotland.

THE "HELLENIC GLORY"

[1979] 1 Lloyd's Rep. 424
General average - Jason clause - Vessel sustained engine failure and had to be towed - Owners declared general average - Engine failure caused by crew negligence - Whether cargo-owners could recover general average deposits - United States.

THE "STEELTON" (No. 2)

[1979] 1 Lloyd's Rep. 431
Conflict of Laws - Proper law - Substantive law Canadian - Whether domestic policy superseded substantive law - United States.

CHINA UNION LINES LTD. AND ANOTHER v. AMERICAN MARINE UNDERWRITERS INC., CALVERT FIRE INSURANCE CO., CANADIAN MARINE UNDERWRITERS LTD. AND C.N.A. ASSURANCE CO. INC. AMERICAN MARINE UNDERWRITERS INC. AND CALVERT FIRE INSURANCE CO. v. POSGATE AND OTHERS

[1979] 1 Lloyd's Rep. 439
Reinsurance-Stay of action-Arbitration clause and service of suits clause-Third party impleaded on anticipatory cause of action for indemnity- Whether action should be stayed pursuant to arbitration clause-Whether service of suits clause applicable-United States.

PRACTICE DIRECTION

[1979] 1 LLOYD'S LAW REPORTS 443
Taxation of costs in petitions for leave to appeal.

ETABLISSEMENT ESEFKA INTERNATIONAL ANSTALT v. CENTRAL BANK OF NIGERIA

[1979] 1 Lloyd's Rep. 445
Banking - Letter of credit - Mareva injunction - Allegation that documents forged - Bank refused to pay on letter of credit - Whether Mareva injunction should be granted against bank - Whether security of costs should be granted.

WARINCO A.G. v. SAMOR S.P.A.

[1979] 1 Lloyd's Rep. 450
Sale of goods (f.o.b.) - Non-acceptance - Buyers alleged September oil did not comply with specification-Buyers advised sellers that October oil would also be refused if oil did not conform to contract - Whether buyers repudiated whole contract.

THE "RILLAND"

[1979] 1 Lloyd's Rep. 455
Salvage - Remuneration - Salvage services rendered to vessel - Assessment of fair and proper reward - Interest.

NIPPON YUSEN KAISHA v. SOCIETE ANONYME MAROCAINE DE L'INDUSTRIE DU RAFFINAGE (THE "TSUKUBA MARU")

[1979] 1 Lloyd's Rep. 459
Charter-Party (Voyage) - Demurrage - Laytime wholly used up at loading port - Whether provisions as to "used laytime" applicable once vessel on demurrage - Whether charterers entitled to benefit of six hours notice of readiness at port of discharge - Exxonvoy 1969.

BLUE HORIZON SHIPPING CO. S.A. v. E. D. & F. MAN LTD. (THE "AGHIOS NICOLAOS")

[1979] 1 Lloyd's Rep. 475
Arbitration - Costs - Misconduct - Each party to pay own costs and half the costs of a ward - Whether arbitrator guilty of technical misconduct - Whether application to set aside award as to costs should be granted.

THE UGANDA CO. (HOLDINGS) LTD. v. THE GOVERNMENT OF UGANDA

[1979] 1 Lloyd's Rep. 481
Practice - Sovereign immunity - Jurisdiction - Writ served on foreign sovereign - Foreign sovereign refused to consent to jurisdiction - Whether writ should be set aside.

BROWN SHIPLEY & CO. LTD. v. AMALGAMATED INVESTMENT (EUROPE) B.V.

[1979] 1 Lloyd's Rep. 488
Banking - Guarantee - Subrogation - Plaintiff paid under guarantee - Whether plaintiff obtained subrogation rights - Whether plaintiff could claim principal sum lent together with interest.

BJORN-JENSEN & CO. v. LYSAGHT (AUSTRALIA) LTD. (THE "GAMMA")

[1979] 1 Lloyd's Rep. 494
Practice - Arbitration - Remission of award - Umpire stated award in form of special case - Whether award should be remitted for further findings.

THE MEDICAL DEFENCE UNION LTD. v. THE DEPARTMENT OF TRADE

[1979] 1 Lloyd's Rep. 499
Practice-Insurance company-Whether union carrying on class of insurance business-Whether contract between member and union a contract of insurance-Insurance Companies Act, 1974, Part II.

THE "DEVOTION II"

[1979] 1 Lloyd's Rep. 509
Collision - Negligence - Crossing rules - Vessel in collision with stationary vessel - Whether stationary vessel a give way vessel - Failure to keep proper lookout - Liability for collision - Collision Regulations, rr. 19, 21, 27, 29 - Scotland.

THE "DEVOTION II" (No. 2)

[1979] 1 Lloyd's Rep. 515
Practice-Admiralty action in personam-Limitation fund-Expenses of action-Defenders lodged two lenders-No reference to interest-Whether pursuers' motion for expenses of action should be granted-Scotland.

PRACTICE DIRECTION

[1979] 1 LLOYD'S LAW REPORTS 517
Orders for speedy trial - Summonses for directions adjourned from Judge to Master.

PICKETT v. BRITISH RAIL ENGINEERING LTD.

[1979] 1 Lloyd's Rep. 519
Damages - Loss of earnings - Whether prospective earnings of lost years recoverable. Interest - Damages - Personal injury - Whether interest should be awarded - Whether interest awarded separately from the increase in damages for inflation.

THE "ERCOLE"

[1979] 1 Lloyd's Rep. 539
Collision-Crossing vessels-Vessels approaching in opposite directions on reciprocal courses- Defective radar lookout during approach period and failure to reduce speed-Visibility restricted- One vessel in addition altering 10 deg. to starboard at improper time and going to starboard at the last instead of pulling her engines full astern- Apportionment of blame.

ISLANDER SHIPPING ENTERPRISES S.A. v. EMPRESA MARITIMA DEL ESTADO S.A. (THE "KHIAN SEA")

[1979] 1 Lloyd's Rep. 545
Charter-party (Time)-Safe berth-Vessel ordered to berth in Valparaiso-Berth exposed to heavy swell-Vessel unable to leave berth because of presence of two other vessels which had anchored sufficiently close to wharf-Vessel suffered ranging damage-Whether charterers liable-New York Produce Exchange form.

KOREA EXCHANGE BANK v. DEBENHAMS (CENTRAL BUYING) LTD.

[1979] 1 Lloyd's Rep. 548
Bill of exchange - Document - Construction - Whether document a bill of exchange - Bills of Exchange Act, 1882, ss. 3 and 11.

BUNGE G.m.b.H. v. ALFRED C. TOEPFER

[1979] 1 Lloyd's Rep. 554
Sale of goods (c.i.f.) - Non-delivery - Force majeure - Flooding of Mississippi River - Delay in shipment - Sellers gave notice of extension of shipment period - Whether notices valid - Whether sellers liable to buyers in damages - GAFTA 100.

C.V.G. SIDERURGICIA DEL ORINOCO S.A. v. LONDON STEAMSHIP OWNERS' MUTUAL INSURANCE ASSOCIATION LTD. (THE "VAINQUEUR JOSE")

[1979] 1 Lloyd's Rep. 557
Insurance (Marine)-Protection and indemnity risks - Third party rights - Whether cargo interests' claim against P. and I. club entitled to succeed - Whether club had properly exercised its discretion - Whether club entitled to rely on rr. 7(h), 8(k) and 13 - Third Party (Rights against Insurers) Act, 1930.

POLE STAR COMPANIA NAVIERA S.A. v. KOCH MARINE INC. (THE "MARITSA")

[1979] 1 Lloyd's Rep. 581
Charter-party (Consecutive voyage) - Demurrage - Freight rate to be in accordance with Worldscale - Increase in cost of bunkers - Whether owners could claim extra costs - Whether payment to be calculated by reference to bunker indices published by Worldscale - Exxonvoy form.

WHITEHALL SHIPPING CO. LTD. v. KOMPASS SCHIFFAHRTSKONTOR G.m.b.H. (THE "STAINLESS PATRIOT")

[1979] 1 Lloyd's Rep. 589
Practice - Arbitration - Award - Arbitrators published award - Charterers alleged further evidence available - Whether application to remit award should be granted.

GERTREIDE IMPORT GESELLSCHAFT m.b.H. v. ITOH & CO. (AMERICA) INC.

[1979] 1 Lloyd's Rep. 592
Sale of goods-(c.i.f.)-Notice of shipment-Buyers rejected notice as being out of time-Whether sellers could tender further notice-FOSFA 24.

CAPTAIN v. FAR EASTERN STEAMSHIP CO.

[1979] 1 Lloyd's Rep. 595
Carriage by sea - Limitation of liability - Bill of lading - Exclusion clause - Personal effects delivered severely damaged by fresh water - Whether Hague Rules incorporated - Whether shipowners entitled to limit liability - Whether shipowners could rely on exclusion clause in bill of lading - Hague Rules, art. IV, r. 5 - Canada.

PRACTICE DIRECTION

[1979] 1 LLOYD'S LAW REPORTS 605
2A Form of Writs (See O. 6, r. 1. O. 75, r. 3 and Appendices A and B).

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