United States District Court for the Eastern District of North Carolina
Encyclopedia
The United States District Court for the Eastern District of North Carolina (in case citation
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

s, E.D.N.C.) is the United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...

 that serves the eastern 44 counties in North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

. Appeals from the Eastern District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...

 (except for patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....

 claims and claims against the U.S. government under the Tucker Act
Tucker Act
Through the Tucker Act , the United States government has waived its sovereign immunity with respect to certain lawsuits....

, which are appealed to the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...

).

Jurisdiction and offices

The District has three staffed offices and holds court in six cities: Elizabeth City, Fayetteville
Fayetteville, North Carolina
Fayetteville is a city located in Cumberland County, North Carolina, United States. It is the county seat of Cumberland County, and is best known as the home of Fort Bragg, a U.S. Army post located northwest of the city....

, Greenville
Greenville, North Carolina
Greenville is the county seat of Pitt County and principal city of the Greenville, North Carolina metropolitan area. Greenville is the health, entertainment, and educational hub of North Carolina's Tidewater and Coastal Plain and in 2008 was listed as the Tenth Largest City in North Carolina...

, New Bern, Raleigh
Raleigh, North Carolina
Raleigh is the capital and the second largest city in the state of North Carolina as well as the seat of Wake County. Raleigh is known as the "City of Oaks" for its many oak trees. According to the U.S. Census Bureau, the city's 2010 population was 403,892, over an area of , making Raleigh...

, and Wilmington
Wilmington, North Carolina
Wilmington is a port city in and is the county seat of New Hanover County, North Carolina, United States. The population is 106,476 according to the 2010 Census, making it the eighth most populous city in the state of North Carolina...

. Its main office is in Raleigh. It is broken down into four divisions. The eastern division is headquartered in Greenville and handles cases from Beaufort
Beaufort County, North Carolina
- Law and government :Beaufort County is a member of the Mid-East Commission regional council of governments.Beaufort County is one of the proposed sites for a Navy outlying landing field. This practice airfield would allow pilots to simulate landings on an aircraft carrier...

, Carteret
Carteret County, North Carolina
Carteret County is a county located in the U.S. state of North Carolina. As of 2010, the population was 66,469. Its county seat is Beaufort. Most of the county is part of the Crystal Coast....

, Craven
Craven County, North Carolina
Craven County is a county located in the U.S. state of North Carolina. The estimated population in 2006 was 94,875. Its county seat is New Bern.Craven County is part of the New Bern, North Carolina, Micropolitan Statistical Area.-History:...

, Edgecombe
Edgecombe County, North Carolina
-Demographics:As of the census of 2000, there were 55,606 people, 20,392 households, and 14,804 families residing in the county. The population density was 110 people per square mile . There were 24,002 housing units at an average density of 48 per square mile...

, Greene
Greene County, North Carolina
-Demographics:As of the census of 2000, there were 18,974 people, 6,696 households, and 4,955 families residing in the county. The population density was 72 people per square mile . There were 7,368 housing units at an average density of 28 per square mile...

, Halifax
Halifax County, North Carolina
-Demographics:-Demographics:-Demographics:-Demographics:-Demographics:-Demographics:-Demographics:-Demographics:-Demographics:[[Image:HalifaxCountyCotton.wmg.jpg|left|thumb|A cotton field blooms in Halifax County....

, Hyde
Hyde County, North Carolina
-National protected areas:* Alligator River National Wildlife Refuge * Cape Hatteras National Seashore * Mattamuskeet National Wildlife Refuge* Pocosin Lakes National Wildlife Refuge * Swanquarter National Wildlife Refuge-Demographics:...

, Jones
Jones County, North Carolina
-Demographics:As of the census of 2000, there were 10,381 people, 4,061 households, and 2,936 families residing in the county. The population density was 22 people per square mile . There were 4,679 housing units at an average density of 10 per square mile...

, Lenoir
Lenoir County, North Carolina
-Demographics:As of 2005, there were 57,961 people, 23,862 households, and 16,178 families residing in the county. The population density was 149.2 people per square mile . There were 27,940 housing units at an average density of 68 per square mile...

, Martin
Martin County, North Carolina
-Politics:Martin County has tended to vote in line with the rest of the country in presidential elections. In 2008, Barack Obama won the county with 52.2% of the vote. This was very similar to his national figure of 52.91%.-Demographics:...

, Pamlico
Pamlico County, North Carolina
-Demographics:As of the census of 2000, there were 12,934 people, 5,178 households, and 3,717 families residing in the county. The population density was 38 people per square mile . There were 6,781 housing units at an average density of 20 per square mile...

, and Pitt
Pitt County, North Carolina
-Demographics:As of the census of 2000, there were 133,798 people, 52,539 households, and 32,258 families residing in the county. The population density was 205 people per square mile . There were 58,408 housing units at an average density of 90 per square mile...

 counties.

The southern division is based in Wilmington and serves the counties of: Bladen
Bladen County, North Carolina
-Demographics:As of the census of 2000, there were 32,278 people, 12,897 households, and 8,937 families residing in the county. The population density was 37 people per square mile . There were 15,316 housing units at an average density of 18 per square mile...

, Brunswick
Brunswick County, North Carolina
-External links:*******....

, Columbus
Columbus County, North Carolina
-Demographics:As of the census of 2000, there were 54,749 people, 21,308 households, and 15,043 families residing in the county. The population density was 58/sq mi . As of 2004, there were 24,668 housing units at an average density of 26/sq mi...

, Duplin
Duplin County, North Carolina
-Demographics:As of the census of 2000, there were 49,063 people, 18,267 households, and 13,060 families residing in the county. The population density was 60 people per square mile . There were 20,520 housing units at an average density of 25 per square mile...

, New Hanover
New Hanover County, North Carolina
-Demographics:As of the census of 2000, there were 160,307 people, 68,183 households, and 41,591 families residing in the county. The population density was 806 people per square mile . There were 79,616 housing units at an average density of 400 per square mile...

, Onslow
Onslow County, North Carolina
-Demographics:As of the census of 2000, there were 150,355 people, 48,122 households, and 36,572 families residing in the county. The population density was 196 people per square mile . There were 55,726 housing units at an average density of 73 per square mile...

, Pender
Pender County, North Carolina
-Demographics:As of the census of 2000, there were 41,082 people, 16,054 households, and 11,719 families residing in the county. The population density was 47 people per square mile . There were 20,798 housing units at an average density of 24 per square mile...

, Robeson
Robeson County, North Carolina
Robeson County is a county in the U.S. state of North Carolina. As of 2010 it had a population of 134,168. Since then, it has been one of the 10% of United States counties that were majority-minority; its combined population of American Indian, African American and Latino residents comprise over...

, and Sampson
Sampson County, North Carolina
-Demographics:As of the census of 2010, there were 63,431 people, 22,624 households, and 16,214 families residing in the county. The population density was 67.1 people per square mile . There were 26,476 housing units at an average density of 27 per square mile...

. Its cases are heard in Wilmington.

The northern and western divisions are based in Raleigh. The western covers: Cumberland
Cumberland County, North Carolina
-Demographics:As of the census of 2000, there were 302,963 people, 107,358 households, and 77,619 families residing in the county. The population density was 464 people per square mile . There were 118,425 housing units at an average density of 181 per square mile...

, Franklin
Franklin County, North Carolina
-Demographics:As of the census of 2000, there were 47,260 people, 17,843 households, and 12,882 families residing in the county. The population density was 96 people per square mile . There were 20,364 housing units at an average density of 41 per square mile...

, Granville
Granville County, North Carolina
-Demographics:As of the census of 2010, there were 59,916 people in 20,628 households residing in the county. The population density was 111.6 people per square mile . There were 22,827 housing units at an average density of 42.5 per square mile...

, Harnett
Harnett County, North Carolina
-Demographics:As of the census of 2000, there were 91,025 people, 33,800 households, and 24,099 families residing in the county. The population density was 153 people per square mile . There were 38,605 housing units at an average density of 65 per square mile...

, Johnston
Johnston County, North Carolina
-Major highways:* Interstate 40* Interstate 95* U.S. Highway 70* U.S. Highway 301* U.S. Highway 701-Demographics:As of the census of 2000, there were 121,965 people, 46,595 households, and 33,688 families residing in the county. The population density was 154 people per square mile . There were...

, Nash
Nash County, North Carolina
Nash County is a county located in the U.S. state of North Carolina. It is part of the Rocky Mount, North Carolina, Metropolitan Statistical Area. As of 2000, the population was 87,420. Its county seat is Nashville.- History :...

, Vance
Vance County, North Carolina
-Demographics:As of the census of 2000, there were 42,954 people, 16,199 households, and 11,647 families residing in the county. The population density was 169 people per square mile . There were 18,196 housing units at an average density of 72 per square mile...

, Wake
Wake County, North Carolina
Wake County is a county located in the U.S. state of North Carolina. As of the 2010 census, the population was 900,993 making it North Carolina's second most populated county...

, Warren
Warren County, North Carolina
-Demographics:As of the census of 2000, there were 19,972 people, 7,708 households, and 5,449 families residing in the county. The population density was 47 people per square mile . There were 10,548 housing units at an average density of 25 per square mile...

, Wayne
Wayne County, North Carolina
- Cities and towns :*Brogden*Dudley*Elroy*Eureka*Fremont*Goldsboro*Mar-Mac*Mount Olive*Pikeville*Rosewood*Seven Springs*Walnut Creek*Grantham-Geography:According to the U.S...

, and Wilson
Wilson County, North Carolina
-Demographics:As of the census of 2006, there 73,814 people, 28,613 households, and 19,771 families residing in the county. The population density was 199 people per square mile . There were 30,729 housing units at an average density of 83 per square mile...

 counties. Its cases are heard in Fayetteville
Fayetteville, North Carolina
Fayetteville is a city located in Cumberland County, North Carolina, United States. It is the county seat of Cumberland County, and is best known as the home of Fort Bragg, a U.S. Army post located northwest of the city....

, Greenville
Greenville, North Carolina
Greenville is the county seat of Pitt County and principal city of the Greenville, North Carolina metropolitan area. Greenville is the health, entertainment, and educational hub of North Carolina's Tidewater and Coastal Plain and in 2008 was listed as the Tenth Largest City in North Carolina...

, and New Bern
New Bern, North Carolina
New Bern is a city in Craven County, North Carolina with a population of 29,524 as of the 2010 census.. It is located at the confluence of the Trent and the Neuse rivers...

. The northern division presides over cases from: Bertie
Bertie County, North Carolina
-External links:**...

, Camden
Camden County, North Carolina
-Schools:There are five schools in Camden County: Grandy Primary School, Camden Intermediate School, Camden Middle School, Camden County High School, and CamTech High School. However one other former school lies in Shiloh. It was a community school for the Shiloh area. The school is now home to a...

, Chowan
Chowan County, North Carolina
- Law and government :Chowan County is a member of the Albemarle Commission regional council of government-Demographics:As of the census of 2010, there were 14,793 people, 5,580 households, and 4,006 families residing in the county. The population density was 84 people per square mile . There...

, Currituck
Currituck County, North Carolina
-National protected areas:*Currituck National Wildlife Refuge*Mackay Island National Wildlife Refuge -Demographics:As of the census of 2010, there were 23,547 people, 6,902 households, and 5,204 families residing in the county. The population density was 70 people per square mile . There were...

, Dare
Dare County, North Carolina
-National protected areas:* Alligator River National Wildlife Refuge * Cape Hatteras National Seashore * Fort Raleigh National Historic Site* Pea Island National Wildlife Refuge* Wright Brothers National Memorial-Demographics:...

, Gates
Gates County, North Carolina
Gates County is a small rural county located in the U.S. state of North Carolina. As of 2010, the population was 12,197. Its county seat is Gatesville. It is part of the Albemarle Sound area of the Inner Banks...

, Hertford
Hertford County, North Carolina
-Townships:The county is divided into six townships:Ahoskie, Como, Harrellsville, Murfreesboro, St. Johns and Winton.-Towns:*Ahoskie*Cofield*Como*Harrellsville*Murfreesboro*Winton-Demographics:...

, Northampton
Northampton County, North Carolina
-Demographics:As of the census of 2000, there were 22,086 people, 8,691 households, and 5,953 families residing in the county. The population density was 41 people per square mile . There were 10,455 housing units at an average density of 20 per square mile...

, Pasquotank
Pasquotank County, North Carolina
-Demographics:As of the census of 2010, there were 40,661 people, 13,907 households, and 9,687 families residing in the county. The population density was 154 people per square mile . There were 14,289 housing units at an average density of 63 per square mile...

, Perquimans
Perquimans County, North Carolina
-Demographics:As of the census of 2010, there were 13,453 people, 4,645 households, and 3,376 families residing in the county. The population density was 46 people per square mile . There were 6,043 housing units at an average density of 24 per square mile...

, Tyrrell
Tyrrell County, North Carolina
-Demographics:Tyrrell County was as of 2000 the least populous county in North Carolina.As of the census of 2000, there were 4,149 people, 1,537 households, and 1,055 families residing in the county. The population density was 11 people per square mile . There were 2,032 housing units at an...

 and Washington
Washington County, North Carolina
-Demographics:As of the census of 2000, there were 13,723 people, 5,367 households, and 3,907 families residing in the county. The population density was 39 people per square mile . There were 6,174 housing units at an average density of 18 per square mile...

 counties. Its cases are heard in Elizabeth City.

History

The United States District Court for the District of North Carolina was established on June 4, 1790, by 1 Stat. 126. On June 9, 1794 it was subdivided into three districts by 1 Stat. 395, but on March 3, 1797, the three districts were abolished and the single District restored by 1 Stat. 517, until April 29, 1802, when the state was again subdivided into three different districts by 2 Stat. 156.

In both instances, these districts, unlike those with geographic designations that existed in other states, were titled by the names of the cities in which the courts sat. After the first division, they were styled the District of Edenton, the District of New Bern, and the District of Wilmington; after the second division, they were styled the District of Albemarle, the District of Cape Fear, and the District of Pamptico. However, in both instances, only one judge was authorized to serve all three districts, causing them to effectively operate as a single district. The latter combination was occasionally referred to by the cumbersome title of the United States District Court for the Albemarle, Cape Fear & Pamptico Districts of North Carolina.

On June 4, 1872, North Carolina was re-divided into two Districts, Eastern and Western
United States District Court for the Western District of North Carolina
The United States District Court for the Western District of North Carolina is a Federal district court which covers the western third of North Carolina....

, by 17 Stat. 215. The presiding judge of the District of North Carolina, George Washington Brooks
George Washington Brooks
George Washington Brooks was a United States federal judge.Born in Elizabeth City, North Carolina, Brooks read law to enter the Bar in 1846...

, was then reassigned to preside over only the Eastern District. The Middle
United States District Court for the Middle District of North Carolina
The U.S. District Court for the Middle District of North Carolina is a United States district court with jurisdiction over 24 counties in the center of North Carolina...

 District was created from portions of the Eastern and Western Districts on March 2, 1927, by 44 Stat. 1339.

Current judges

  • As of December 31, 2005, a vacancy exists in the Eastern District of North Carolina due to Judge Malcolm J. Howard's decision to assume senior status. No replacement nomination is pending at this time.

  • Three U.S. Magistrate Judges serve the district: William A. Webb; David W. Daniel; and James E. Gates.


Former judges

Judge Appointed by Began active
service
Ended active
service
Ended senior
status
End reason
George Washington Brooks
George Washington Brooks
George Washington Brooks was a United States federal judge.Born in Elizabeth City, North Carolina, Brooks read law to enter the Bar in 1846...

Andrew Johnson
Andrew Johnson
Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...

}||–||death
|-
| Algernon Lee Butler
Algernon Lee Butler
Algernon Lee Butler was a United States federal judge.Born in Clinton, North Carolina, Butler attended the University of North Carolina School of Law, and read law in 1928 to enter the Bar...

||Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...

||||||||death
|-
| Henry G. Connor
Henry G. Connor
Henry Groves Connor was a North Carolina politician and jurist, and a United States federal judge.Born in Wilmington, North Carolina, Connor read law to enter the bar in 1871. Connor was born in Wilmington, North Carolina. He read law . He was in private practice in Wilson, North Carolina from...

||William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...

||||||–||death
|-
| Franklin Taylor Dupree Jr.
Franklin Taylor Dupree Jr.
Franklin Taylor Dupree Jr. was a United States federal judge.Born in Angier, North Carolina, Dupree received an A.B. from the University of North Carolina in 1933 and an LL.B. from the University of North Carolina School of Law in 1936. He was in private practice in Angier and Raleigh, North...

||Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...

||||||||death
|-
| Donnell Gilliam
Donnell Gilliam
Donnell Gilliam was a United States federal judge.Born in Tarboro, North Carolina, Gilliam received a B.A. from the University of North Carolina in 1909 and an LL.B. from the University of North Carolina School of Law in 1910. He was in private practice in Tarboro, North Carolina from 1923 to 1945...

||Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...

||||||||death
|-
| John Davis Larkins, Jr.
John Davis Larkins, Jr.
John Davis Larkins, Jr. was a United States federal judge.Larkins was born in Morristown, Tennessee. He received a B.A. from Wake Forest University in 1929 and read law in 1930. He was in private practice of law in Trenton, North Carolina from 1930 to 1961. He served in the United States Army in...

||John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....

||||||||death
|-
| Isaac Melson Meekins
Isaac Melson Meekins
Isaac Melson Meekins was a United States federal judge.Born in Tyrrell County, North Carolina, Meekins received an A.B. from Wake Forest University in 1896 and entered private practice in Elizabeth City, North Carolina. He was mayor of Elizabeth City in 1897, and city attorney of Elizabeth City in...

||Calvin Coolidge
Calvin Coolidge
John Calvin Coolidge, Jr. was the 30th President of the United States . A Republican lawyer from Vermont, Coolidge worked his way up the ladder of Massachusetts state politics, eventually becoming governor of that state...

||||||||death
|-
| Thomas Richard Purnell
Thomas Richard Purnell
Thomas Richard Purnell was a United States federal judge.Born in Wilmington, North Carolina, Purnell graduated from Trinity College in 1869 and read law to enter the bar that same year. He was in private practice in Baltimore, Maryland and Salem, North Carolina from 1870 to 1873...

||William McKinley
William McKinley
William McKinley, Jr. was the 25th President of the United States . He is best known for winning fiercely fought elections, while supporting the gold standard and high tariffs; he succeeded in forging a Republican coalition that for the most part dominated national politics until the 1930s...

||||||–||death
|-
| Augustus Sherrill Seymour
Augustus Sherrill Seymour
Augustus Sherrill Seymour was a United States federal judge.Born in Ithaca, New York, Seymour graduated from Hamilton College in 1857 and read law to enter the bar in 1858. He was in private practice in New York City from 1858 to 1862, and then in New Bern, North Carolina beginning in 1865. He...

||Chester A. Arthur
Chester A. Arthur
Chester Alan Arthur was the 21st President of the United States . Becoming President after the assassination of President James A. Garfield, Arthur struggled to overcome suspicions of his beginnings as a politician from the New York City Republican machine, succeeding at that task by embracing...

||||||–||death
|}

U.S. Attorneys for the Eastern District

  • Richard C. Badger (1872–1878)
  • J. W. Albertson (1878–1882)
  • W. S. O. Robinson (1882–1885)
  • Fabius H. Busbee (1885–1889)
  • Charles A. Cooke
    Charles A. Cooke
    Charles Alston Cooke, or Cook was an American politician and jurist in North Carolina and later in Oklahoma.Cooke served as a member of the North Carolina House of Representatives and the North Carolina Senate, representing Warren County, as U.S...

     (1889–1893)
  • Charles B. Aycock (1893–1898)
  • Claude M. Bernard (1898–1902)
  • Harry Skinner
    Harry Skinner
    Harry Skinner was a U.S. Representative from North Carolina, and the brother of Thomas Gregory Skinner.Born near Hertford, North Carolina, Skinner attended Hertford Academy and was graduated from the law department of the University of Kentucky at Lexington.He was admitted to the bar in 1876 and...

     (1902–1910)
  • Herbert F. Seawell (1910–1913)
  • Francis D. Winston
    Francis D. Winston
    Francis Donnell Winston was a North Carolina politician and judge who served as Lieutenant Governor of North Carolina from 1905 to 1909....

     (1913–1916)
  • James O. Carr (1916–19)
  • Thomas D. Warren (1919–20)
  • E. F. Aydlett (1920–21)
  • Irvin B. Tucker (1921–30)
  • Walter H. Fisher
    Walter H. Fisher
    Walter Henry Fisher was an English singer and actor of the Victorian era best known as a member of the D'Oyly Carte Opera Company and the creator of the role of the Defendant in Gilbert and Sullivan's 1875 opera Trial by Jury...

     (1930–34)
  • James O. Carr (1934–45)
  • Charles F. Rouse (1945–46)
  • John H. Manning (1946–51)
  • Charles P. Green (1951–53)
  • Julian T. Gaskill (1953–61)
  • Robert H. Cowen (1961–69)
  • Warren H. Coolidge
    Warren H. Coolidge
    Warren Harding Coolidge was the United States Attorney for the Eastern District of North Carolina from 1969 until 1973, during the administration of President Richard Nixon. Previously, he had been a Republican candidate for North Carolina Attorney General in 1968.As U.S...

     (1969–73)
  • Thomas P. McNamara (1973–76)
  • Carl L. Tilghman (1976–77)
  • George M. Anderson (1977–1980)
  • James L. Blackburn (1980–81)
  • Sam Currin (1981–1987)
  • J. Douglas McCullough (acting 1987-88)
  • Margaret Currin (1988–1993; wife of Sam Currin)
  • J. Douglas McCullough (acting 1993)
  • Janice McKenzie Cole (1994–2001)
  • Frank Whitney
    Frank DeArmon Whitney
    For the 19th-century baseball player, see Frank Whitney .Frank DeArmon Whitney is a United States federal judge.-Biography:...

     (2002–2005)
  • George Holding
    George Holding
    George E. B. Holding served as the from 2006 to 2011. A conservative, he is now a Republican candidate for Congress in North Carolina’s 13th Congressional District.- Early Life and Education :...

     (2005–2011)
  • Thomas Walker
    Thomas Walker (attorney)
    Thomas Gray Walker is the United States Attorney for the Eastern District of North Carolina.-Early life and education:Walker was born in 1964 in Atlanta, Georgia...

     (2011-present)

See also


External links

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