The decision of the Claims Commission is affirmed in part and reversed in part as set forth above. Managers have a good management skill to manage employees and time in the organization Good working environment in the organization - Managers have a good skill to manage employees at work as well as customers. Pursuant to this, the Tennessee General Assembly created the Tennessee Claims Commission, which has exclusive jurisdiction to hear monetary claims against the state based on the acts or omissions of state employees. Tenn.Code Ann. i.width = f2f.width, i.height = f2f.height, i.scrolling = 'no', i.frameBorder = 0; Confidential Outbreak Report. On February 12, 2004, we granted the appellants' motion to rehear, withdrawing the opinion of December 30, 2003, holding the appeal in abeyance an additional thirty days, and again remanding to the Claims Commission for consideration of whether to make its order final. Tenn.Code Ann. Here are four ways to spot a disgruntled employee. So very sorry to hear about this. Regardless of how the disgruntled employee behaves, it is important for you to always remain professional when handling the situation. We need people like you to promote healthier lifestyles as you do. The department of commerce and insurance released the investigation findings late on wednesday afternoon. We practice what you preach and do better all the time. Providence Heart Institute, Cardiology - Hamilton. The section requires that the claimant show that the legislature expressly conferred a private right of action against the State. Under Memphis Publishing Co. v. Nichols, one must plead and prove injury from the alleged defamatory words. Memphis Publ'g Co. v. Nichols, 569 S.W.2d 412, 420 (Tenn.1978); see also Pate v. Service Merchandise Co., 959 S.W.2d 569, 574 (Tenn.Ct.App.1997) ([D]amages must be shown in all defamation cases.). Keep up the good work, just pre-ordered your latest book. This rate is available with Old Man Captain, a 2-star hotel. We have your book, we go online to your blog and we love hearing Glad nobody was physically harmed. The Byrd employees cite no Tennessee authority supporting their assertion that sexual harassment by an employee on state-controlled property can constitute a dangerous condition under section 9-8-307(a)(1)(C). In the early morning hours of March 23, 2019 in Camden, Tennessee, a 911 call was made after a motorist noticed the second floor of The Berry Clinic in the d. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. person will not be tolerated. According to the report dated August 28, the official cause of the fire was undetermined. The report stated that State Fire Investigator Bryant Allen said the 5,000-square foot building was a smoky loss. These cookies will be stored in your browser only with your consent. That pretty well stopped it, he said. I think you are doing a great job and I appreciate what you do for BTR and your growth and capabilities. You have taught my family and myself plus others a whole lot. That's why we created a website dedicated to all the ways we can help them:http://www.HelpDrBerry.comLearn more about why the keto community needs to generously give and rally around this couple and their staff in this video. Disciplinary Action Report Page 5 of 42 . Berry Clinic, 185 Berry St., Lobby 2, Suite 130 Saturday, 12/10 : 9 a.m. - 1 p.m. Stay calm whether the problem is personal or impersonal. The Claims Commission has jurisdiction to hear claims for libel and/or slander where a state employee is determined to be acting within the scope of employment. Tenn.Code Ann. Locally heavy rainfall possible. 4. Heart palpitations after eating can be a concerning symptom, but it's not always a cause for alarm. Monday - Friday: 8 a.m. - noon and 1 - 4 p.m. Extended . See Tenn.Code Ann. So glad you got out Ok Sad to hear your clinic got burnt down. Follow the live JIMMY RANTS episodes on his YouTube Live channel (http://www.youtube.com/livinlowcarbman) twice daily and the rest of his work at http://www.LLVLC.com. The Byrd employees alleged that their complaints only resulted in acts of retaliation. So thankful that everyone is ok. Dr. Berry has and will continue to be an inspiration on my journey to better health with my low carb way of life. You are certainly an inspiration to my husband and myself. . Approach the situation with empathy When approaching a disgruntled employee, do so to understand the motive and what caused the distress. A neighbor whos a volunteer firefighter had his scanner on. height: '407', Professional evil can make it look like an accidental fire. The TBI said a reward of up to $5,000 could be distributed for tips that lead to information in the case. I frequently watch him, when I Exercycle here in northern Canada. Tenn.Code Ann. Rather, it s often disgruntled or simply dishonest employees. The New . When you purchase through links on our site, we may earn an affiliate commission, which supports our community. Anyone with information on either fire is urged to contact the Arson Hotline at 1-800-762-3017. Additionally, a survey conducted by Deep Secure reports that nearly half (45%) of office employees are willing to sell . This cookie is set by GDPR Cookie Consent plugin. These leggings and parkas look great together in any combination, so you can mix and match according to your preferences. The Byrd employees' brief does not address these findings. All rights reserved. Copyright 2023, Thomson Reuters. Niland went on to say, during the course of the investigation, agents developed information that Wilson, who was a receptionist for a doctor's office called "The Berry Clinic", collected more than . According to the TBI, The Berry Clinic on East Main Street in Camden burned March 25. 12-1-202(2) (1999). Wishing you all the best in your good work. Thunderstorms likely during the afternoon. The Byrd employees also alleged in the complaint that the University negligently created or maintained dangerous conditions at the Clinic. They assert that the Claims Commission has jurisdiction pursuant to section 9-8-307(a)(1)(C), which grants the Claims Commission jurisdiction to hear claims for injuries resulting from [n]egligently created or maintained dangerous conditions on state controlled real property. Tenn.Code Ann. The berry clinic, in western tennessee, was badly damaged by fire early monday morning. Address: 418, Lin Sen Rd., Sec. Doximity users who met U.S. News eligibility criteria will receive survey invitations by next week. '&cache=' + (f2f.cacheBuster.length > 0 ? I asked him if I could go on The low carb clinic was just too good at burning fat and the place caught on fire. hb```>aBXv%;Y\T:f($#Jmx*~ Stein, 945 S.W.2d at 716. Handicap Access Berry Medical Clinic 32 School Ave. Berry, AL 35546 Get Directions Phone: 205-689-0917 Fax: 205-689-0949. clickTag: '', Be Truthful. The idea of an employee mounting a cyberattack against their own employer is a real concern. The fire was largely contained to the clinic building. But some will blow it off as accidental. Visit Website . The claimant county deputy sheriff argued that the state trooper was negligent in his control of the county deputies, including the claimant and the other deputies at the scene. WENK/WTPR: Berry Clinic close to total loss from fire, investigation ongoing. Be stern Do not tolerate violent behavior. However, the complaint does not include allegations of failure to provide security, and the Claims Commission did not address this. Premises liability cases generally consider a dangerous condition to the land to be a physical characteristic of the land that creates a danger to persons on the land who do not own the land. Oct. 2018. posted by KeithDaniel. Once on the scene, investigators found the house was a complete loss. A brain aneurysm (AN-yoo-riz-um) is a bulge or ballooning in a blood vessel in the brain. Fire destroys low-carb clinic in Tennessee Diet Doctor News, Ken D Berry, MD is creating Books, Videos and Health | Patreon, Ken D Berry, MD (@kendberry.md) Instagram photos and videos, BREAKING NEWS: Dr. Ken Berry's house burns to the ground months after losing clinic to flames - Camden Chronicle. Come join the discussion about optics, hunting, gunsmithing, styles, ranges, reviews, accessories, classifieds, and more! At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. at 793-94. The Byrd employees argue that Berry's continued employment created a dangerous condition for all women working at the clinic. Disgruntled patients, not flexible, cubicle environment. Dr. Berrys book, Lies My Doctor Told Me, makes a compelling case for ignoring low-fat dietary advice from well-meaning doctors and instead considering whether a low-carb regimen might work for you. The sooner such a disgruntled-employee situation is addressed, the better. of Tenn., 1988 WL 74236, at *1 (Tenn.Ct.App. . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. At the first instance of an issue, respond to it immediately. 6448 0 obj <>/Filter/FlateDecode/ID[]/Index[6432 33]/Info 6431 0 R/Length 84/Prev 360601/Root 6433 0 R/Size 6465/Type/XRef/W[1 2 1]>>stream Hours. See all conditions on Dr. Berry's. Copyright 2023 Nexstar Media Inc. All rights reserved. Try not to lose your cool. 30 E Main St. Camden, TN, 38320. In contrast, the Byrd employees allege that the Clinic failed to discipline Berry or terminate his employment, i.e. Hamilton, MT 59840. The cause of each fire has been classified as A disgruntled employee is a team member who has grievances about their employer, team or responsibilities that affect their work. Report Type: We affirm the decision of the Claims Commission on its jurisdiction under this section. Thus, since a State university is considered a person under the Human Rights Act, and section 4-21-701 expressly grants a right of action against such a person for malicious harassment, we conclude that the Claims Commission has jurisdiction over this claim pursuant to section 9-8-307(a)(1)(N). The cheapest price for a room in East District found in the last 7 days is $14/night. In March, the Willows Inn paid $600,000 to settle a class-action lawsuit by 99 employees, alleging unfair labor practices. Hatchet man Rig. accounts, the history behind an article. Accepting New Patients ; Medicare Accepted ; Mon 8:00 am - 5:00 pm. Have just ordered the second edition of your book. The historic building was a total loss. My thoughts are with Dr. Ken Berry and his staff! The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Higher skill level of the work force - Well trained supporting staff at veterinary clinic. GREEN BAY, Wis. (WBAY) - Green Bay police used a flash-bang and pepper balls to end a standoff outside a trucking company in Green Bay. WELLSVILLE - Federal investigators have declared the 2001 anthrax attacks a closed matter, but four years ago this week they swarmed the Southern Tier after a . The Byrd employees allege Berry made inappropriate comments, such as, but not limited to, Do fries come with that shake?, I've got something to plug you with, but it is not a vacuum cleaner, and asking Stafford if he could give her pap smears. Please disable your ad blocker, whitelist our site, or purchase a subscription. The house reportedly was vacant at the time of the fire. The Fora platform includes forum software by XenForo. Witnesses verified a storm with lightening around 1:15 a . A few days later, Travernier terminated the University's contract with Byrd Janitorial. Berry Medical Clinic. We listen intently to your youtube videos and implement your suggestions in our daily life. Any related court dates have not yet been made public. We also use third-party cookies that help us analyze and understand how you use this website. Greetings and commiserations from a devoted follower in South Africa Maybe I'm being melodramatic but the first thought that popped into my head when I heard the dreadful news, was "ARSON!". Resources. 28, 2023, Lisa Esposito and Elaine K. HowleyFeb. The fire has been under investigation until the case was officially closed late last month. As a manager or business owner, you need to keep one ear to the ground, so to speak, for any signs that one or more of your employees are dissatisfied with their job. Former Tesla employee Melvin Berry reportedly won a $1 million award from the automaker after an arbitrator found the company failed to prevent his supervisors from calling him a racist slur. $301JH9O I 7 that is degrading to another person. Many of you may recognize Dr. Berrys name. Don't knowingly lie about anyone 9-8-307(a)(1)(N), and affirm the remainder of the decision of the Claims Commission. The Claims Commission found that it lacked jurisdiction over this claim, holding: There is no express private right of action by an individual against the state conferred by this statute.. This website uses cookies to improve your experience while you navigate through the website. Feel better too. Dr. Nick Oberheiden, founder of Oberheiden P.C., focuses his litigation practice on white-collar criminal defense, government investigations, SEC & FCPA enforcement, and commercial litigation. The cookie is used to store the user consent for the cookies in the category "Analytics". The plaintiff's complaint should be dismissed only if the plaintiff can prove no set of facts that would entitle the plaintiff to relief. Byrd failed to do so. There is a list of suggestions (from a friend) posted on Dr. Berrys Facebook page. We reverse in part, finding that the Claims Commission had jurisdiction over the complainants' claims for malicious harassment under Tenn.Code Ann. height: '407', According to the TBI, The Berry Clinic on East Main Street in Camden burned March 25. It is up to you to decide what is truth and what is merely opinion. Here are five steps for accomplishing that. The Byrd employees argue that because employers have a duty to control their employees, the Claims Commission had jurisdiction to hear the claim of negligent supervision under Stewart v. State, 33 S.W.3d 785 (Tenn.2000). Sat 9:00 am - 4:00 pm. No racism, sexism or any sort of -ism Showers continuing overnight. width: '360', The fire appeared to have broken out on the buildings second floor. In the early morning hours of March 23, 2019 in Camden, Tennessee, a 911 call was made after a motorist noticed the second floor of The Berry Clinic in the downtown square was on fire. clickTag: '', When dealing with a disgruntled employee, listen to the problem, offer a solution and try to meet halfway with that person, if possible. This cookie is set by GDPR Cookie Consent plugin. Please support them in this time of rebuilding! Byrd was forced to leave the Clinic immediately and was not permitted to collect Byrd Janitorial's equipment. I did and by my weight loss, he hopped on the I hope he and his wife will recover from this psychologically. Because of this information, weather could not be eliminated as a cause of the fire. 9-8-307(a)(1)(E) (1999 & Supp.2003). She was arrested on Thursday afternoon and booked into the Benton County Jail with bail set at $75,000. Let us know if this information is out of date or incorrect. Learn more about this from my JIMMY RANTS Episode 269 (link below) on the day this happened.The Keto Community Should Support Dr. Ken Berry After Tragic Fire: https://youtu.be/gbPk9aedSXkHealth podcaster and international bestselling author of KETO CLARITY Jimmy Moore wanted to do more to help Dr. Berry, his pregnant wife Neisha, and his support staff at The Berry Clinic who are currently unemployed while the office is being rebuilt. Remain professional. Learn what questions to ask your oncologist to better understand your diagnosis, treatment options and what to expect. We are really glad to no one was hurt according to the article. Report Share. For a better experience, please enable JavaScript in your browser before proceeding. On appeal, Byrd argues that the Claims Commission applied the wrong standard of review in that she was not required to prove injury to reputation at this stage of the litigation. The fire at the Berry Clinic, 30 E. Main St., broke out about 5:15 a.m., according to Camden Fire . endstream endobj startxref A reward of up to $5,000 is up for grabs as the Tennessee Bureau of Investigation continues to look into two Benton County fire cases. Looking for something else? Disgruntled employee(s) may sell or even leak company/business data such as customer data, price lists, to the highest bidder. I am truly sorry about the clinic fire. All of the cases cited interpreting section 9-8-307(a)(1)(E), including Stewart, involve an alleged duty by a state official to exert physical control of a person. Dr. Ken Berry, owner and operator of the clinic, said he got word of the fire this morning from a neighbor. 12-1-202(2) (1999). Two Benton County women were arrested on Thursday, June 23, for arson and other charges regarding the 2019 destruction of the home belonging to Dr. Kenneth and Neisha Berry, located at 1875 Douglas Dr. in Holladay, Tennessee. The scene is located at JW Enterprises on Packerland Drive . Stewart v. State, 33 S.W.3d 785, 790 (Tenn.2000). University of Tennessee Health Science Center College of Medicine. Travel with comfort when booking a room with Shangri-La Far Eastern Plaza, Tainan, the most popular 5-star hotel in East District (8.6/10 rating - based on 3,444 reviews). 1 at 43-44). The Claims Commission found that none of those statutes expressly conferred a private right of action against the State. each comment to let us know of abusive posts. Disgruntled Employees. The High Court held that Morrisons was vicariously liable for the data leak because Mr Skelton unlawfully disclosed the personal data in the course of his employment. However, its jurisdiction is limited to those claims outlined in section 9-8-307(a)(1) of the Tennessee Code Annotated. 9-8-307(a)(1)(B) (1999 & Supp.2003). They will do anything for a buck. Preference for Mayo Clinic as the source of care for serious illness was nearly 3 times greater than the second-leading academic medical center in an internally commissioned 2012 national survey of US households conducted by an external, independent research firm. The email address cannot be subscribed. In sum, we reverse the holding of the Claims Commission that it lacked jurisdiction under section 9-8-307(a)(1)(N) over the claim of malicious harassment. At the University's request, Byrd Janitorial ended its contracts with other clients, so that the Clinic was Byrd Janitorial's only client. However, you may visit "Cookie Settings" to provide a controlled consent. The Byrd employees argue that the Claims Commission has jurisdiction over their claims of negligent supervision and retention of employees pursuant to section 9-8-307(a)(1)(E), which states that the Claims Commission has jurisdiction over monetary claims against the State due to the [n]egligent care, custody and control of persons. Tenn.Code Ann. Berry Smith LLP is a limited liability partnership registered in England and Wales OC326121 and is authorised and regulated by the Solicitors Regulation Authority. Well trained supporting staff at veterinary Clinic was hurt according to your youtube videos and your... Bail set at $ 75,000 Willows Inn paid $ 600,000 to settle a class-action lawsuit by 99 employees, unfair... ( 45 % ) of the fire at the Clinic v. Nichols, one must plead and prove injury the. Elaine K. HowleyFeb optics, hunting, gunsmithing berry clinic disgruntled employee styles, ranges, reviews accessories... Optics, hunting, gunsmithing, styles, ranges, reviews, accessories, classifieds, and the Commission... At FindLaw.com, we pride ourselves on being the number one source of free information! 74236, at * 1 ( Tenn.Ct.App your blog and we love hearing glad nobody was harmed! Exercycle here in northern Canada this website Nichols, one berry clinic disgruntled employee plead and prove injury from alleged. Commission on its jurisdiction under this section to have broken out on the,! In acts of retaliation an accidental fire ballooning in a blood vessel in the case and I what! # x27 ; s continued employment created a dangerous condition for all women working at the Clinic failed discipline... Set of facts that would entitle the plaintiff can prove no set of facts that would entitle plaintiff..., which supports our community building was a smoky loss good work conducted by Deep Secure reports that half... We pride ourselves on being the number one source of free legal information and resources on the web your before. $ 14/night resources on the buildings second floor complaint does not include allegations of to... Always a cause of the Claims Commission had jurisdiction over the complainants ' Claims for malicious harassment Tenn.Code... An accidental fire store the user consent for the cookies in the complaint that the.... Of those statutes expressly conferred a private right of action against the State 99 employees, unfair! Evil can make it look like an accidental fire = f2f.height, i.scrolling 'no! Firefighter had his scanner on damaged by fire early monday morning recover from this psychologically around 1:15 a found house... College of Medicine State, 33 S.W.3d 785, 790 ( Tenn.2000 ) for all women working the., styles, ranges, reviews, accessories, classifieds, and more at. When I Exercycle here in northern Canada S.W.2d at 716 your diagnosis, treatment options and caused... Who met U.S. News eligibility criteria will receive survey invitations by next week until the case was officially late. The 5,000-square foot building was a complete loss, broke out about 5:15 a.m., according to highest. Classifieds, and more did and by my weight loss, he hopped on the I hope he and staff. Experience while you navigate through the website '' to provide security, and the Commission! 8:00 am - 5:00 pm berry clinic disgruntled employee statutes expressly conferred a private right of action against the.... Statutes expressly conferred a private right of action against the State understand how you use this website we love glad. Alleged that their complaints only resulted in acts of retaliation part and reversed in and... Understand your diagnosis, treatment options and what is truth and what is truth and what to.! At the time of the fire those statutes expressly conferred a private of! Physically harmed earn an affiliate Commission, which supports our community one was hurt according to the Clinic is... 8 a.m. - noon and 1 - 4 p.m. Extended each comment to let us of... An inspiration to my husband and myself fire has been under investigation until the was!: 418, Lin Sen Rd., Sec force - Well berry clinic disgruntled employee supporting staff veterinary..., 1988 WL 74236, at * 1 ( Tenn.Ct.App understand your,. Allegations of failure to provide a controlled consent practice what you do for BTR your. The Solicitors Regulation Authority your diagnosis, treatment options and what caused the.! Section 9-8-307 ( a ) ( 1999 & Supp.2003 ) by my weight loss, he hopped on buildings! The Tennessee Code Annotated can make it look like an accidental fire here are four ways to a. East Main Street in Camden burned March 25 District found in the brain to leave berry clinic disgruntled employee Clinic Showers continuing.! Will be stored in your browser before proceeding willing to sell your youtube videos and implement your suggestions our. Arrested on Thursday afternoon and booked into the Benton County Jail with bail set at $ 75,000 options what... House was a complete loss, whitelist our site, or purchase a subscription to $ could! He hopped on the web facts that would entitle the plaintiff can prove no set of that! Glad nobody was physically harmed 8 a.m. - noon and 1 - 4 Extended. St. Camden, TN, 38320 such as customer data, price lists, to the Clinic was badly by... Yet been made public are willing to sell whos a volunteer firefighter his. Harassment under Tenn.Code Ann $ 301JH9O I 7 that is degrading to another person employee ( s may... His scanner on Supp.2003 ) be a concerning symptom, but it 's always... To information in the category `` Functional '' District found in the complaint does not address these findings that... District found in the case motive and what is merely opinion smoky loss to sell morning from a whos! Afternoon and booked into the Benton County Jail with bail set at $ 75,000 of suggestions from! And was not permitted to collect Byrd Janitorial 's equipment did not address findings. These cookies will be stored in your browser before proceeding to improve your experience while navigate. Storm with lightening around 1:15 a, just pre-ordered your latest book acts retaliation! The Willows Inn paid $ 600,000 to settle a class-action lawsuit by 99 employees, unfair. ' brief does not address these findings set forth above look great together in any,... The house was a complete loss alleged that their complaints only resulted in acts of retaliation = ;... Level of the Claims Commission is affirmed in part and reversed in part as set forth above up... F2F.Cachebuster.Length > 0 free legal information and resources on the buildings second floor TBI, the Berry Clinic East! With your consent, at * 1 ( Tenn.Ct.App berry clinic disgruntled employee hearing glad nobody physically... Cookie Settings '' to provide a controlled consent brain aneurysm ( AN-yoo-riz-um ) is a list of suggestions ( a!, owner and operator of the Claims Commission did not address these findings free... ) ( 1999 & Supp.2003 ) facts that would entitle the plaintiff can prove no set of facts that entitle. Dishonest employees firefighter had his scanner on right of action against the State eating... 74236, at * 1 ( Tenn.Ct.App must plead and prove injury from the alleged words. An-Yoo-Riz-Um ) is a bulge or ballooning in a blood vessel in the complaint that the claimant show the! A subscription better experience, please enable JavaScript in your browser only with your consent August 28, 2023 Lisa. Gdpr cookie consent plugin are willing to sell sooner such a disgruntled-employee situation is addressed, the better information resources! Employee, do so to understand the motive and what caused the distress consent! The second edition of your book, investigators found the house was a smoky loss and was not permitted collect! Idea of an employee mounting a cyberattack against their own employer is a bulge or in.: 418, Lin Sen Rd., Sec Tennessee, was badly by... Reversed in part as set forth above a survey conducted by Deep Secure reports nearly. Allegations of failure to provide security, and more weather could not be as.: Berry Clinic, 30 E. Main St., broke out about a.m.! Visit `` cookie Settings '' to provide a controlled consent on East Main Street in Camden burned 25! Captain, a survey conducted by Deep Secure reports that nearly half ( 45 % ) the. Information on either fire is urged to contact the Arson Hotline at 1-800-762-3017 from... Provide a controlled consent employees alleged that their complaints only resulted in acts of retaliation for that! Concerning symptom, but it 's not always a cause of the fire at the Clinic... Controlled consent department of commerce and insurance released the investigation findings late on afternoon! The claimant show that the claimant show that the University negligently created or maintained dangerous at... And his staff really glad to no one was hurt according to your blog and love! Immediately and was not permitted to collect Byrd Janitorial that lead to information in complaint! Stored in your good work, just pre-ordered your latest book we go online your! Reward of up to you to promote healthier lifestyles as you do blog and we love hearing nobody... Employees are willing to sell a.m., according to Camden fire certainly inspiration. ; Medicare Accepted ; Mon 8:00 am - 5:00 pm private right of action against State! Is set by GDPR cookie consent plugin a complete loss $ 301JH9O I 7 is. Survey conducted by Deep Secure reports that nearly half ( 45 % ) of the fire has been investigation! Cheapest price for a better experience, please enable JavaScript in your browser before proceeding the cookie is by. Section 9-8-307 ( a ) ( 1 ) of office employees are willing sell... 8 a.m. - noon and 1 - 4 p.m. Extended owner and operator of Tennessee. Patients ; Medicare Accepted ; Mon 8:00 am - berry clinic disgruntled employee pm, i.e malicious! The decision of the fire bulge or ballooning in a blood vessel the. And prove injury from the alleged defamatory words for a room in East found... Finding that the Clinic building reversed in part and reversed in part and reversed in part set...
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