Three witnesses won’t be charged in Ohio football rape case: documents

(Reuters) – At least three members of a high school football team in Steubenville, Ohio, received word they would not be prosecuted just days before testifying against teammates accused of raping a 16-year-old girl, according to documents obtained by Reuters.

In letters from Ohio Attorney General Mike DeWine’s office addressed to each student’s lawyer, the state committed to not prosecuting Evan Westlake, Anthony Craig and Mark Cole, three witnesses for the prosecution.

But DeWine said on Thursday his office had made no deal with any of the witnesses involved in the case.

“We have offered nothing, made no promises to any witness in this case. … No deals have been cut with anybody,” DeWine told WTOV television in comments confirmed by his spokesman.

The case has unsettled Steubenville, a city of 19,000 near the Pennsylvania border where football has a powerful influence.

Community leaders have criticized authorities, voicing suspicion they have avoided charging more players who could have been involved in order to protect the school’s beloved football program.

Days after the letters were sent, all three players testified at a pre-trial hearing against teammates Ma’lik Richmond and Trenton Mays, both 16, who were charged with raping a classmate at a party attended by many teammates last August. Richmond and Mays were set to be tried as juveniles in February.

Although evidence in the criminal case showed each player “may not have conducted himself in a responsible or appropriate manner, his behavior did not rise to the level of any criminal conduct,” all three letters say. “Therefore, we will not prosecute your client for his actions on August 11-12, 2012.”

Walter Madison, an attorney who represents one of the students charged with rape, verified the letters’ authenticity, but declined to comment further.

The letters can protect the players from criminal charges, said John Burkoff, a criminal law professor at the University of Pittsburgh.

“If the government says that it won’t prosecute you and then changes its mind, you can argue that it can’t go back on that,” he said. “It’s constitutional estoppel (an impediment).”

The letter to Westlake, dated September 28, was signed by Ohio Associate Attorney General Marianne Hemmeter. The other two letters were signed by Ohio Associate Assistant Attorney General Jennifer Brumby and dated October 9, three days before the trio testified against their teammates. Brumby and Hemmeter conducted the questioning at that hearing.

Attorney General spokesman Dan Tierney said the state decided the students would go uncharged only for the crime of illegal use of a minor in nudity-oriented material.

“We would stand by the attorney general’s previous comments,” he told Reuters on Thursday.

The case shot to national prominence last week when the online activist group Anonymous made public a picture of the purported rape victim being carried by her wrists and ankles by two young men. Anonymous also released a video that showed several other young men joking about an assault.

(Editing by Daniel Trotta and Peter Cooney)

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Sandra Bullock Honored at People's Choice Awards for New Orleans Support

By Alison Schwartz

01/09/2013 at 10:45 PM EST

Sandra Bullock at the People's Choice Awards

Jason Merritt/Getty

Sandra Bullock took home big honors for her work in the Big Easy Wednesday night.

The People's Choice Awards crowned the Oscar-winning actress the favorite humanitarian for her career-spanning philanthropic efforts, including her dedication to New Orleans's Warren Easton Charter High School

"I'm not at all being modest when I say I'm not doing anything compared to what they do on a daily basis," Bullock, 48, told the crowd gathered at Los Angeles's Nokia Theatre.

Just six months after Hurricane Katrina hit in 2005, the actress showed her support by adopting the school, which sustained $4 million in damages during the storm. She donated hundreds of thousands of dollars for renovations, telling PEOPLE years later that she "felt such a profound need to do something for them."

Her generosity helped the charter school – the first public high school for boys in Louisiana – afford renovations, new band uniforms, athletic equipment and a new health clinic in a city that's close to her heart. After all, she adopted her son, Louis, from New Orleans in 2010 and also has a home in the Garden District.

She pointed to the tireless dedication of the school's students, teachers and tough principal. "I've seen her," she joked. "Yeah, you don't want to go into that office."

Bullock then gave a shout-out to her son, who was sick as home, she said.

"[The students] compete, but they never cut each other down," she added. "And all that happens not because it's easy, but because they do not allow themselves any other option than to succeed."

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Retooling Pap test to spot more kinds of cancer

WASHINGTON (AP) — For years, doctors have lamented that there's no Pap test for deadly ovarian cancer. Wednesday, scientists reported encouraging signs that one day, there might be.

Researchers are trying to retool the Pap, a test for cervical cancer that millions of women get, so that it could spot early signs of other gynecologic cancers, too.

How? It turns out that cells can flake off of tumors in the ovaries or the lining of the uterus, and float down to rest in the cervix, where Pap tests are performed. These cells are too rare to recognize under the microscope. But researchers from Johns Hopkins University used some sophisticated DNA testing on the Pap samples to uncover the evidence — gene mutations that show cancer is present.

In a pilot study, they analyzed Pap smears from 46 women who already were diagnosed with either ovarian or endometrial cancer. The new technique found all the endometrial cancers and 41 percent of the ovarian tumors, the team reported Wednesday in the journal Science Translational Medicine.

This is very early-stage research, and women shouldn't expect any change in their routine Paps. It will take years of additional testing to prove if the so-called PapGene technique really could work as a screening tool, used to spot cancer in women who thought they were healthy.

"Now the hard work begins," said Hopkins oncologist Dr. Luis Diaz, whose team is collecting hundreds of additional Pap samples for more study and is exploring ways to enhance the detection of ovarian cancer.

But if it ultimately pans out, "the neat part about this is, the patient won't feel anything different," and the Pap wouldn't be performed differently, Diaz added. The extra work would come in a lab.

The gene-based technique marks a new approach toward cancer screening, and specialists are watching closely.

"This is very encouraging, and it shows great potential," said American Cancer Society genetics expert Michael Melner.

"We are a long way from being able to see any impact on our patients," cautioned Dr. Shannon Westin of the University of Texas MD Anderson Cancer Center. She reviewed the research in an accompanying editorial, and said the ovarian cancer detection would need improvement if the test is to work.

But she noted that ovarian cancer has poor survival rates because it's rarely caught early. "If this screening test could identify ovarian cancer at an early stage, there would be a profound impact on patient outcomes and mortality," Westin said.

More than 22,000 U.S. women are diagnosed with ovarian cancer each year, and more than 15,000 die. Symptoms such as pain and bloating seldom are obvious until the cancer is more advanced, and numerous attempts at screening tests have failed.

Endometrial cancer affects about 47,000 women a year, and kills about 8,000. There is no screening test for it either, but most women are diagnosed early because of postmenopausal bleeding.

The Hopkins research piggybacks on one of the most successful cancer screening tools, the Pap, and a newer technology used along with it. With a standard Pap, a little brush scrapes off cells from the cervix, which are stored in a vial to examine for signs of cervical cancer. Today, many women's Paps undergo an additional DNA-based test to see if they harbor the HPV virus, which can spur cervical cancer.

So the Hopkins team, funded largely by cancer advocacy groups, decided to look for DNA evidence of other gynecologic tumors. It developed a method to rapidly screen the Pap samples for those mutations using standard genetics equipment that Diaz said wouldn't add much to the cost of a Pap-plus-HPV test. He said the technique could detect both early-stage and more advanced tumors. Importantly, tests of Paps from 14 healthy women turned up no false alarms.

The endometrial cancers may have been easier to find because cells from those tumors don't have as far to travel as ovarian cancer cells, Diaz said. Researchers will study whether inserting the Pap brush deeper, testing during different times of the menstrual cycle, or other factors might improve detection of ovarian cancer.

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Wall Street rises after Alcoa reports earnings

NEW YORK (Reuters) - Stocks rose on Wednesday, rebounding from two days of losses, as investors turned their focus to the first prominent results of the earnings season.

Stocks had retreated at the start of the week from the S&P 500's highest point in five years, hit last Friday, on worries about possible earnings weakness.

Shares of Alcoa Inc were down 0.5 percent to $9.08 after early gains, following the company's earnings release after the bell on Tuesday. The largest U.S. aluminum producer said it expects global demand for aluminum to grow in 2013.

Herbalife Ltd stock rose 4.2 percent to $39.95 in its most active day of trading in the company's history after hedge fund manager Dan Loeb took a large stake in the nutritional supplements seller. Prominent short-seller Bill Ackman had previously accused the company of being a "pyramid scheme," which Herbalife has denied.

Traders have been cautious as the current quarter shaped up like the previous one, with companies recently lowering expectations, said James Dailey, portfolio manager of Team Asset Strategy Fund in Harrisburg, Pennsylvania. Lower expectations leave room for companies to surprise investors even if their results are not particularly strong.

"The big question and focus is on revenue, and Alcoa had better-than-expected revenue," which calmed the market a little, Dailey said.

Overall, corporate profits were expected to beat the previous quarter's meager 0.1 percent rise. Both earnings and revenues in the fourth quarter are expected to have grown by 1.9 percent, according to Thomson Reuters data.

The Dow Jones industrial average <.dji> gained 61.66 points, or 0.46 percent, to 13,390.51. The Standard & Poor's 500 Index <.spx> rose 3.87 points, or 0.27 percent, to 1,461.02. The Nasdaq Composite Index <.ixic> gained 14.00 points, or 0.45 percent, to 3,105.81.

Facebook Inc shares rose above $30 for the first time since July 2012, trading up 5.3 percent at $30.59. Facebook, which has been tight-lipped about its plans after its botched IPO in May, invited the media to its headquarters next week.

Clearwire Corp shares jumped 7.2 percent to $3.13 after Dish Network bid $2.28 billion for the company, beating out a previous Sprint offer and setting the stage for a takeover battle for the wireless service provider that owns crucial mobile spectrum.

Apollo Group Inc slid after heavier early losses, a day after it reported lower student sign-ups for the third straight quarter and cut its operating profit outlook for 2013. Apollo's shares were last off 7.8 percent at $19.32.

Volume was below the 2012 average of 6.42 billion shares traded per day, as 6.10 billion were traded on the New York Stock Exchange, NYSE MKT and Nasdaq.

Advancing stocks outnumbered declining ones on the NYSE by 2,014 to 963, while on the Nasdaq advancers beat decliners 1,603 to 859.

(Reporting by Gabriel Debenedetti; additional reporting by Angela Moon; Editing by Nick Zieminski)

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IHT Rendezvous: Rescuing China's Bears from Bile Farms, One by One

BEIJING — Some had wounded faces and bloodied paws. Some were angry after years of mistreatment.

But six Asiatic black bears now have a chance at a life of dignity after being rescued on Wednesday from a Chinese bile farm by Animals Asia, an animal rights group, and the Chinese government’s State Forestry agency.

The bear rescue will continue for a few days as the animals are settled into their new home at a shelter outside Chengdu, the capital of Sichuan province, which now houses nearly 150 bears, You can follow it on Animals Asia’s Twitter feed with the hashtag #newyearrescue.

Here’s a latest tweet:

Today’s story is a happy one, though it’s part of the bigger, sadder picture of how thousands of bears are “farmed” for their bile here in China, often in excruciatingly painful conditions. Some are caged as cubs, and grow up crooked; physical injury and emotional trauma is the norm.

Rendezvous readers have debated passionately about bear bile farming before. It’s common in China and Vietnam, where it is illegal. While the Chinese government is taking action against some bear farms, it’s not illegal here if farms have licenses for it. About 10,000 bears are believed to be caged for their bile in China and a couple thousand in Vietnam. It’s a lucrative trade, with bile prized by the Chinese traditional medicine industry for a range of cures. As my former colleague, Mark McDonald, summed it up:

“Bear bile is prized in traditional Chinese medicine for its alleged ability to relieve muscle aches, joint pains, fever, migraines and hangovers, as well as being a curative for impotence, gallstones, cirrhosis, even cancer. Synthetic compounds are just as effective for many of these ailments, but many Asians, especially Chinese and Vietnamese men of a certain age, favor fresh bile.”

Your consensus, readers, was that it’s a horrific practice, despite arguments made by the Chinese traditional medicine industry that bile farming is “humane,” as Fang Shuting, the head of the Chinese Association of Traditional Chinese Medicine, said: “The process of extracting bear bile is like turning on a tap: natural, easy and without pain,’’ Mr. Fang said. “After they’re done, the bears can even play happily outside. I don’t think there’s anything out of the ordinary! It might even be a very comfortable process!”

As Mark wrote: “Wildlife biologists vehemently disagree, saying the needle sticks, catheterization and repeated draining of the gall bladder creates infections and leakage, which can lead to peritonitis and septicemia. ‘An excruciating death,’’ said one scientist.”

Revulsion is growing among ordinary Chinese, too. “I don’t believe it at all that extracting bile is as easy and comfortable as Fang said. Why doesn’t he extract the bile from his body in the same way to prove it?” one wrote on Sina Weibo, the microblog site, Mark reported.

But today I want to tell you about a spot of light in the night.

Here’s what a journalist who witnessed a bear arriving at the rescue wrote:

“The Asiatic black bear gave a deep growl and struggled in a rusty cage only just bigger than her giant body, as rescue workers from the Animals Asia bear sanctuary fed her fruit to soothe her shattered nerves, and examined her body for signs of sores or bleeding.” (Full disclosure — this reporter is my husband, Clifford Coonan, the Irish Times China correspondent.)

Jill Robinson, the founder of Animals Asia, was there, organizing and watching.

“What we have here are six highly traumatised bears from an illegal bear bile farm here in Sichuan province,” Clifford quoted her as saying. “One of the bears has bile leakage, and others have the stereotypical head injuries from bashing the bars of their cages. But it’s such a relief to have them here.”

Around the world, on Twitter and through video, people were watching, too.

Here’s a tweet from the actor Peter Egan, of “Downton Abbey” and “A Perfect Spy” fame, and an animal rights supporter.

As a member of Animals Asia wrote in an email to Rendezvous: watching the bears arrive “was exciting and sad in equal measure.” Exciting because it was the start of a new life for six; sad, because they need treatment and help, and because there are so many more out there.

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Three top U.S. wireless carriers to embrace BlackBerry 10

LAS VEGAS (Reuters) – Three of the top U.S. cellphone carriers signaled this week that they would support Research In Motion’s BlackBerry 10 products, the first of which are due to be unveiled Jan 30, offering a hopeful sign for RIM’s comeback effort.

Executives at Verizon Communications , AT&T Inc and T-Mobile USA all said they are looking forward to the devices, which will be crucial for RIM’s chances of regaining lost ground from rivals such as Apple Inc and Samsung Electronics .

“We’re hopeful its going to be a good device,” Lowell McAdam, chief executive of Verizon Communications, majority owner of the biggest U.S. mobile service Verizon Wireless.

“We’ll carry it,” McAdam said in an interview at the Consumer Electronics Show in Las Vegas.

BlackBerry 10 is RIM’s next-generation mobile operating platform and it is preparing to launch new smartphones later this month. Word that major carriers will offer the devices is good news for RIM.

RIM, which once commanded the lead in the smartphone market, has rapidly lost ground to Apple’s iPhone and Samsung’s line of Galaxy products, especially in North American and European markets, as customers abandon its aging BlackBerry devices.

It has been testing the new BlackBerry 10 devices with carriers so they can assess their compatibility with networks.

No. 4 U.S. mobile provider T-Mobile USA, a unit of Deutsche Telekom , also plans to carry the new BlackBerry 10.

“We’re extremely optimistic that it’s going to be a successful product and our business customers are extremely interested in it,” Chief Executive John Legere said.

AT&T has promised to support the BlackBerry 10 platform, according to Chief Marketing Officer David Christopher, but he would not discuss specific devices.

However, AT&T handset executive Jeff Bradley made it clear that the No. 2 U.S. mobile operator would carry the phone.

“It’s logical to expect our current (BlackBerry) customers will have the best BlackBerry devices to choose from in the future,” Bradley said.

(Reporting By Sinead Carew; Editing by Cynthia Osterman)

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Kangaroo Gets Loose at Melbourne Airport

People Pets

01/08/2013 at 08:00 PM EST

Travelers passing through Australia's Melbourne Airport on Monday may have been greeted by an unexpected baggage handler.

At around 7 a.m., a 3-year-old eastern gray kangaroo was spotted in the airport's parking garage, where it hopped around for almost two hours, giving security officers the slip in the process.

Wildlife officer Manfred Zabinskas was then called in to catch the young animal, who was tranquilized in order to be transported to safety. Analyzing the critter, Zabinskas noted he had been away from his natural habitat for some time, and that the romp through the parking garage had done some damage to his feet. Prior to being re-released into the wild, the kangaroo will be looked at by a veterinarian.

This is the second time a kangaroo has paid a visit to the Melbourne Airport. Last October, another marsupial made its way up to the fifth floor of the parking garage before being spotted.

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Report: Death rates from cancer still inching down

WASHINGTON (AP) — Death rates from cancer are continuing to inch down, researchers reported Monday.

Now the question is how to hold onto those gains, and do even better, even as the population gets older and fatter, both risks for developing cancer.

"There has been clear progress," said Dr. Otis Brawley of the American Cancer Society, which compiled the annual cancer report with government and cancer advocacy groups.

But bad diets, lack of physical activity and obesity together wield "incredible forces against this decline in mortality," Brawley said. He warned that over the next decade, that trio could surpass tobacco as the leading cause of cancer in the U.S.

Overall, deaths from cancer began slowly dropping in the 1990s, and Monday's report shows the trend holding. Among men, cancer death rates dropped by 1.8 percent a year between 2000 and 2009, and by 1.4 percent a year among women. The drops are thanks mostly to gains against some of the leading types — lung, colorectal, breast and prostate cancers — because of treatment advances and better screening.

The news isn't all good. Deaths still are rising for certain cancer types including liver, pancreatic and, among men, melanoma, the most serious kind of skin cancer.

Preventing cancer is better than treating it, but when it comes to new cases of cancer, the picture is more complicated.

Cancer incidence is dropping slightly among men, by just over half a percent a year, said the report published by the Journal of the National Cancer Institute. Prostate, lung and colorectal cancers all saw declines.

But for women, earlier drops have leveled off, the report found. That may be due in part to breast cancer. There were decreases in new breast cancer cases about a decade ago, as many women quit using hormone therapy after menopause. Since then, overall breast cancer incidence has plateaued, and rates have increased among black women.

Another problem area: Oral and anal cancers caused by HPV, the sexually transmitted human papillomavirus, are on the rise among both genders. HPV is better known for causing cervical cancer, and a protective vaccine is available. Government figures show just 32 percent of teen girls have received all three doses, fewer than in Canada, Britain and Australia. The vaccine was recommended for U.S. boys about a year ago.

Among children, overall cancer death rates are dropping by 1.8 percent a year, but incidence is continuing to increase by just over half a percent a year. Brawley said it's not clear why.

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Asian shares rise as earnings eyed

TOKYO (Reuters) - Asian shares rose on Wednesday after rounds of profit taking from a sharp rally at the start of the new year subsided, while investors waited warily for corporate earnings season to kick off in full force.

MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> rose 0.4 percent, with Australian shares <.axjo> among the outperformers with a 0.4 percent gain to break a three-day losing streak. Hong Kong shares <.hsi> also climbed 0.4 percent.

South Korean shares <.ks11> were virtually flat. Shares in tech heavyweight Samsung Electronics Co Ltd were also flat despite announcing on Tuesday a better-than-expected estimated fourth-quarter operating profit.

"The main (Seoul) index is trading nearly flat after falling steadily since last week's rapid gains, due to concerns about lackluster fourth-quarter earnings outlooks," said Park Jung-sup, an analyst at Daishin Securities.

He said overall market outlooks for fourth-quarter corporate results have been revised down considerably, but worries for earnings shocks remain.

Global shares fell and bond prices rose on Tuesday, with investors cautious ahead of a U.S. earnings season expected to show sluggish growth in quarterly corporate profits.

The U.S. earnings season began on Tuesday with Alcoa Inc , the largest aluminum producer in the U.S., with customers in a wide range of industries, reporting a fourth-quarter profit of $242 million, in line with expectations.

U.S. corporate profits are expected to be higher than the third quarter's lackluster results, but analysts' estimates are down sharply from where they were in October.

Credit Suisse said in a research note that Asian equity market price indices may start to catch up with earnings estimates which had been outperforming market prices, suggesting further upside scope for Asian share prices.

The consensus earnings forecast so far is flat in January, following virtually flat revisions in December, it said.

"It was the persistent EPS downgrades that led to the gap between equity market price indices and EPS. These flat revisions could act as a catalyst for equity market price indices to converge with EPS," Credit Suisse said.

Data flows were light with Australian retail sales showing a surprise softness, falling 0.1 percent in November from October, undershooting forecasts for a 0.3 percent rise on the month and sending the Australian dollar down to session lows of $1.0486 from $1.0517 before the data was released.

China will release its trade data on Thursday, which includes initial estimates for metals imports and exports.

Australian retail sales: http://link.reuters.com/zew92t

China exports graphic: http://link.reuters.com/kun94t

Euro zone retail sales: http://link.reuters.com/tyb25s

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YEN STAYS WEAK

Japan's benchmark Nikkei stock average <.n225> erased earlier losses to crawl up 0.5 percent as the yen's rebound against the dollar lost steam. Investors had been taking profits from the dollar's steady and sharp rally against the yen of about 12 percent over the past two months. The Nikkei had risen about 21 percent in the same period. <.t/>

The dollar was up 0.5 percent to 87.43 yen, recovering from the day's low of 86.825. It scaled its highest since July 2010 at 88.48 on Friday. The euro also steadied against the yen at 114.35, off the day lows of 113.55. The euro last week hit 115.995 yen, its highest since July 2011.

The Bank of Japan will consider easing monetary policy again at its January 21-22 meeting, by likely boosting buying of government bonds and treasury discount bills, while considering a doubling of its inflation target to 2 percent.

Expectations of much bolder monetary easing from the BOJ to help Japan beat deflation under new Japanese Prime Minister Shinzo Abe have encouraged investors to sell the yen.

But as trading resumed from year-end holidays, analysts and traders said markets were ripe for position adjustments.

"After a good run in risk assets since December, we entered in a phase of consolidation which is moving from Japanese equities to short JPY positions," said Sebastien Galy, FX strategist at Societe Generale in New York, in a note, adding that the dollar could consolidate to 85 yen but must first take out the first Fibonacci retracement at 85.75 yen.

Yen crosses which had been bought the most, including the yen/Korean won, are the most exposed to the correction.

"Such a washout in JPY crosses is the opportunity many long-term investors will be waiting for to continue their switch into strategic short yen positions," he said.

The euro held steady against the dollar at $1.3075.

With no major economic data this week, the euro was seen staying in a range ahead of Thursday's European Central Bank policy meeting and Spanish and Italian bond auctions toward the end of the week.

U.S. crude was nearly flat at $93.17 a barrel, after the annual rebalancing of the S&P GSCI commodity index, which increased its weighting for Brent and reduced its share of U.S. WTI crude. Brent was also little changed at $111.90.

Sentiment turned cautious in Asian credit markets, with the spread on the iTraxx Asia ex-Japan investment-grade index widening slightly by 1 basis point.

(Additional reporting by Joyce Lee in Seoul; Editing by Eric Meijer)

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World Briefing | Americas: Colombia: Former President’s Ties to Militia Under Investigation

Colombia’s chief prosecutor’s office has opened a preliminary criminal investigation into former President Álvaro Uribe over allegations he sponsored a deadly far-right militia as a regional governor in the 1990s. The inquiry ordered last Wednesday was made public Tuesday by Mr. Uribe’s lawyer, Jaime Granados. Mr. Uribe denounced it on Twitter as defamation based on the testimony of “manipulated prisoners.” The case stems from 2011 accusations by a leftist congressman, Ivan Cepeda, that a far-right militia that killed suspected rebel sympathizers operated from a ranch owned by Mr. Uribe and his brother Santiago. The prosecutor in charge of the case is Martha Lucia Zamora and she says it is based on the testimony of former militia members. Mr. Granados says it is built on lies. Mr. Uribe was president from 2002 to 2010.

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