USAToday: Chargers 'devastated' by ex-DB Paul Oliver's suicide at 29    League of Denial: The NFL’s Concussion Crisis, will air on FRONTLINE on October 8 & 15. Check your local listings    LA Times: Deion Sanders, critic of NFL concussion suits, seeks workers' comp    FOXSports: NFL, players reach proposed $765M settlement of concussion-related lawsuits    Sean Pamphilon's United States of Football in theaters starting Aug 23rd!    Washington Post: Do no harm: Who should bear the costs of retired NFL players’ medical bills?    You can catch all the posts and videos from our recent Third Annual Football Veterans Conference - everything now posted here on Dave's Blog!

While we’ve been vehemently opposed to Ron Mix on his stance to promote the proposed NFL Films Settlement offer as one of the named Plaintiffs, we’ve also worked with Ron to inform retired players of the impending changes to California Workers Compensation rules. It looks like Bill AB-1309 will go into effect after Sept. 15, 2013, blocking any future claims from being filed. You can watch Ron’s overview from our Football Veterans Conference in Las Vegas this past May by clicking HERE.
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And here’s the video with Ron’s discussion on Workers Comp:
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With Bill 1309 scheduled for a final vote in California, Workers Compensation rules will be changing drastically to block most retired professional athletes from applying in California. Of course, the NFL is one of the groups lobbying strongly to have your rights limited once again. Retired NFL football player and Workers Comp attorney, Ron Mix, recently sent out a letter and form to me outlining the main points of the new Bill as well as giving retired players an opportunity to file their applications for potential Workers Compensation benefits before your right to file disappears.
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NOTE: This is not a solicitation by or on behalf of Ron Mix. This is a general notification to all retired players who may still qualify to file for their earned Workers Compensation benefits. You can also consult another attorney should you choose not to engage Ron. But retired players need to act fast before the window closes before Sept. 15th!
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Ron Mix told me that his office is already backed up with filings so he was gracious enough to provide the phone numbers of several other attorneys who may be able to help you get your initial claim filed on time:

  • Mel Owens (949) 452-0700
  • Matt Hill (949) 572-3203
  • Dennis Thomas (714) 843-1110
  • Ron Mix (619) 688-9630 (we’re including Ron’s number anyway)

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BREAKING: From the Associated Press and just released on FOX Sports:
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FOX Sports

NFL, players reach proposed $765M settlement of concussion-related lawsuits

Published August 29, 2013
Associated Press
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PHILADELPHIA – The NFL and more than 4,500 former players want to resolve concussion-related lawsuits with a $765 million settlement that would fund medical exams, concussion-related compensation and medical research, a federal judge said Thursday.
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The plaintiffs include at least 10 members of the Pro Football Hall of Fame, including former Dallas Cowboys running back Tony Dorsett. They also include Super Bowl-winning quarterback Jim McMahon and the family of Pro Bowl linebacker Junior Seau, who committed suicide last year.
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Why?

28 August 2013

We’re quickly approaching the deadline for Opting Out of the NFL Films Settlement offer deadline this Friday and we can’t help but think about all the different “Whys?” that keep coming up in our Comments Section as more and more retired players continue to Opt Out. In past posts, we’ve often compared the NFL to that creepy little neighborhood kid who used to come over to your house to play Monopoly. He never liked to lose and he always cheated and made up his own rules as he went along.
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NFL monopoly
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Empty walletWe’re coming up fast on one of the most important dates in our careers as former football players. On August 30th, our right to Opt Out of the NFL Films Settlement Offer expires. We posted a countdown clock in the upper right sidebar of my blog just to remind all our readers that it’s looming. If you do not Opt Out, the NFL may well end up completely owning the rights to your name, your image and playing footage forever. Even though actors and musicians get paid for their work on the radio or on TV and sold as CDs or DVDs, the NFL is trying to re-write the rules by saying retired football players are the only people who can’t be paid for their vital role in a product that continues to make a lot of money every day. . Even worse, the court has just announced that the hearing which was supposed to take place in September has now been pushed forward until October 14th. But the deadline for Opting Out and Objecting won’t be extended past the August 30 deadline. .

YOU MUST OPT OUT NOW! ONLY ONE WEEK LEFT!

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NFL Déja Vu

30 July 2013

Einstein Quote

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I received my latest Retirement Plan notification today that the Bert Bell/Pete Rozelle NFL Player Retirement Plan was underfunded once again. All pension plans are required by federal law to inform its beneficiaries about such events or else most of us would never even know about these things going on in a $10 billion a year business. I guess that’s why they pay Roger Goodell $35 million+ a year while DeMaurice Smith managed to collect a $3 million bonus a couple of years ago for the fine job he did in negotiating the 10-year CBA.
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And here we are being told by the NFL and their lawyer buddies that their $50 million Settlement Offer in the Dryer vs NFL Films lawsuit is absolutely the best deal they can possibly make even though most – or none – of that money will ever reach retired players hands. They can’t even fund retirement players’ current pension and disability plans and now they want you to get nothing for your images and footage from your role in past games.
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Here’s the interesting thing: I had forgotten that we also got a similar notice last year in July! In other words, our pension plan has basically been underfunded since the CBA was signed over two years ago! We’ve uploaded both notices on Scribd for easy viewing on our Blog and to make it available for downloading and printing, especially to those of you who may not even be on their mailing list. You can also click the Enlarge icon in the lower right corner of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close):
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NFL Films Settlement Poll
Is the NFL Films Settlement Offer Good or Bad for me?

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Your Monday Chuckle

29 July 2013

This arrived in our Spam folders this morning:
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Mitchell Responsible
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To Hausfeld LLP et al:
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pigs_flyWell, if you’ve forgotten about our past posts and the subsequent veiled and not-so-veiled threats from you and your associates we’ve received this year over the Dryer vs NFL Films Settlement offer, it might be a good idea to go back and read them first. This is a blog. We voice OPINIONS. It’s an editorial right protected under the First Amendment. The ACLU will have a field day with you and the NFL if you’d like to take that topic up with them.
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In the meantime,”as responsible journalists,” we’ll certainly post your item on OUR blog as soon as you and your partner firms do the following:

  • Operate as ethical attorneys;
  • Represent your clients;
  • Provide full disclosure on backroom side deals with the NFL;
  • Provide full Opt-Out and Objection forms immediately to all members of the class;
  • Publicly disclose all Opt-Outs and Objections immediately instead of blocking them from view until just before the next hearing;
  • Stop client-shopping and represent and consult with the Original Plaintiffs in this lawsuit.

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Cheaties
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Is it just us or do these people at the NFL (and the NFLPA) always live by a completely different set of rules that only apply to them? We’ve had every dirty trick in the book thrown at us with all kinds of veiled threats and inferences of wrongdoing for expressing the opinions of the many. And in each instance, we’ve been backed up by those who know better. And we’re still here thanks to the broad support of the retired player community out there.

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Gregg B Surgery
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OK. Got your attention now? That guy with all the staples on the back of his head is… me. This picture was taken four years ago in 2009 after I finally came out of a 3-week coma. During that coma, I went in and out of consciousness but still remember nothing to this day. At one point, the doctors made a quick decision to operate which probably saved my life. Not many of my old football buddies know about this life-changing event in my life. But I’ve decided to tell everyone about it now for several reasons. Mostly, it’s because like some of the earlier posts have been saying, I’M MAD AS HELL AND I’M NOT GOING TO TAKE IT ANY MORE! And whether you want to believe it or not, everything that happens in life is connected in one way or another. I hope that by telling my own story, I can convince more of you retired players that the Dryer vs NFL (Films) Settlement offer is a really bad deal in more ways than one and that each of you needs to get off the couch and at the very least, vote against it here on Dave’s Blog. And then either Opt Out yourself or hire a decent attorney to fill out the paperwork for you. If you end up not doing anything and losing your rights, that might not be the only thing you’ll end up losing.
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Money-Flying-Out-WindowThe NFLPA just filed their 2013 LM-2 yesterday with the Dept. of Labor as required of all labor unions and associations. This year, it’s a whopping 549 pages long with plenty of disclosure including salaries, payouts and expenses. We’re just starting to look over all the information loaded in this year’s filing and we’ll post more details shortly as we come across interesting details (we encourage all our readers to send us anything you come across or simply post it in the Comments section below).
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A couple of items of interest:
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p. 555 - Marco Island Marriott Resort & Golf Club was paid $354,796 for the NFLPA’s April and June meetings in 2012.
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p. 544 - Kerzner International Resorts in Plantation FL was paid a total of $1,221,137 for a total of FOUR “2013 NFLPA Board Meetings”! (Wha?!!)
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p. 264 - The Groom Law Group (who were supposed to be fired by DeMaurice Smith when he took over as NFLPA Executive Director) and also runs and represents not only the Bert Bell/Pete Rozelle NFL Players Retirement Plan but also the NFL walked away with $652,045 in fees this year.
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p. 55 - Nike paid $11,772,308 in licensing fees.
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p. 45 - Attorney Jeffrey Kessler had a $12,846 transaction for Super Bowl tickets and rooms.
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Meanwhile, Kessler’s new firm Winston Strawn was paid (his old firm, Dewey LaBoeuf filed for bankruptcy last year):

  • p. 82 - $3,932,388
  • p. 538 - $124,592
  • p. 538 - $46,879

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p. 20 - Nolan Harrison III received $226,055 as Senior Director of Former Players.
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p. 18 - Andre Collins only received $169,253 as Director of Former Players.
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ADDITIONAL NOTE – ADDED MAY 29, 2013: We received a letter from attorney Dan Gustafson late yesterday and have made some editorial changes as marked in our post below along with important questions that continue to go unanswered. Read the new post with the letter from Gustafson Gluek by clicking HERE.
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Mad As HellEDITOR’S NOTE: At our recent Conference, we covered the Dryer vs NFL Films lawsuit and subsequent Settlement Offer from the NFL. Our first day had attorney Yakub Hazzard explaining some of the basics of your individual rights (click HERE for that video). Then on Saturday, we had Ron Mix putting up the case in favor of the proposed Settlement (click HERE) followed by attorney Michael Ciresi with a legal opinion against the deal (click HERE) and Fred Dryer as a retired player and original plaintiff on why he and his original team of plaintiffs are against the Settlement (click HERE). Insomuch as there was a gag order placed on all parties directly involved during the hearings in Minnesota Federal Court, we did our best to report on as much of the proceedings and behind-the-scenes maneuvering as possible.
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We need to remind everyone once again that when the Dryer vs NFL Films lawsuit was first filed in 2009, its original – and primary – goal was to provide fair payment to retired players for the NFL’s past, present and future use of their publicity rights, particularly in NFL Films productions. Here’s a simple outline based on what was discussed at the IFV Conference this year:
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PRESENT LAWSUIT STATUS
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On April 5, 2013 the Court issued an Order for Preliminary Approval of the proposed Settlement as advocated by the NFL and some new Plaintiffs and their attorneys. Immediately, the NFL PR machine promoted it publicly as a done deal. Far from it. The actual Order directs that a Notice of the proposal be sent in May to the entire class – that’s you and all past NFL players – for consideration. If the proposed Settlement receives Final Approval from the Court in September, each NFL player who does not opt out will be legally bound by its terms. But now the real battle begins.
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Posted with the express consent of Evan Weiner:
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THE BUSINESS AND POLITICS OF SPORTS
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BY EVAN WEINER
COMMENTARY
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The NFL job audition includes making the “suicide squad” rather than the special teams squad
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May 11, 2013
Examiner
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LIFE Suicide Squad Cover 1971The National Football League is open for business again. Players are on the field showing coaches that they can indeed play football even though the season is months away. The players showcasing their talents aren’t the normal, everyday players. No – these guys on the field are young guys trying to catch the eye of a coach and make a team and it doesn’t matter if they are first round draft picks or free agents hoping to just get to a training camp in July.
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Not much is said about the long term health of these guys; they are just anxious to play football. Another one-time former football player, George Sauer, Jr. passed away at 69 years of age this week from congestive heart failure and Alzheimer’s disease. There may be some unintentional irony in Sauer’s passing from Alzheimer’s disease as he walked away from the New York Jets and the National Football League after the 1970 season because he found pro football dehumanizing and it “both glorifies and destroys bodies” as he described in a 1983 article in the New York Times.
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Sauer was a wide receiver.
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The young guys trying to impress the coaches in all likelihood never heard of George Sauer. But they probably know Tedy Bruschi who played for the New England Patriots (1996 – 2008) and is now a football commentator on ESPN.
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Brain concussions. CTE. Alcohol and drugs. Take these issues that have only recently become more openly discussed along with 101 more ingredients in family life and you have a very complicated recipe for making a family work (or not). Family life isn’t easy at times as it is but when you stir in all these other layers from a career in professional football, life off the field becomes incredibly complex for most families. Watch as Brandi Winans (formerly married to the recently departed Jeff Winans – Bills, Saints, Buccaneers, Raiders 1973 – 1980; Jeff played with teammates Dave Pear and Gene Upshaw on the winning Super Bowl XV Raiders in 1980) and John Houser (LA Rams, Cowboys, Cardinals 1957 – 1963) share personal stories of family survival with the audience of their very different lives after football.
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YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video.
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Our good friend, Jennifer Thibeaux, (who can never be acknowledged enough for all of her advocacy work on behalf of retired players and who has managed to help us film each of our three Conferences so we can share them with the community at large) had declined our invitation to be up on stage with Brandi and John. But as she worked through the post-Conference task of editing and uploading all of this footage, her thoughts kept taking her back to her personal family experiences of having lived through the football life. Late last night, I received a personal message from Jennifer about how this has affected her own family and why she continues to help us get the message out to the other families in particular and to the fans in general.
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Here’s Jennifer’s message along with her audio comments:
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Robert,
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I took some time and collected my thoughts about my football experiences. This is by no means the end of my sharing…but it is my way to begin the process of getting it out of my head and into the universe properly. I have tried to characterize my own experiences so that I could give it the proper brand. The best I can come up with is, “Indefinite Hell“. While I was designing new bling tees for my Tee business, I was compelled to design this brand into a Tee (below – click image to enlarge).
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In Def Hell
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Has an interesting meaning both verbally and visually. After I made the tee, it was officially time to speak. I hope you can share these beginning thoughts with the DavePear.com family – my family – as we fight for human rights and against injustices. . Love you all with every ounce of my being …and I’m in this to win.
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Jennifer
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Click the PLAY button to listen to Jennifer’s personal commentary (13 minutes).
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The 10-year Collective Bargaining Agreement (CBA) is going into its third year. How has it worked out for you and your families? How will some of the most recent disability rulings affect future cases? And just how did that Legacy Fund work out for each of you? John Hogan has been advocating for a total reform of the current NFL/NFLPA Disability Plan and has been successful in many of his cases representing retired NFL players in their Disability and Social Security Disability cases. In this session, John discusses some of the most recent cases and their impact on all retired players. We were hoping to have Jimmie Giles join John on stage but his health and upcoming surgeries kept him at home. John discusses some of the strange details of how the Bert Bell/Pete Rozelle Plan and its Board actually runs under the dominant hand of The Groom Law Group with absolutely no checks and balances nor oversight from a so-called Board. If you have never had to apply for disability benefits from the NFL, this discussion is an eye-opener. And if you’ve applied for benefits, most of this information will sound eerily familiar. (You can read all Panelist biographies by clicking HERE.)
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YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video.
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We wrapped Friday up with a discussion on Workers Compensation. Workmans Comp may be in for some serious changes shortly with Bill AB 1309 coming up for a vote in the California State capitol later this year. This bill will block professional athletes from filing Workers Compensation claims in the State of California and each of us needs to let your local representatives know that you disapprove of this bill. Many who have been navigating the system for a few years with their applications have already found their pending cases suspended while awaiting the vote. Workers Comp attorney Ron Mix (Chargers & Raiders 1960 – 1971) and George Visger (49ers 1980 – 1981) have been outspoken advocates lobbying against this Bill in Sacramento and discuss the details of what the legislators are trying to do with one more benefit you were actually paying for out of your paychecks. (And in case there of some of you who are unaware, George has already gotten the short end of the stick from the NFL: Even though he’s a pre-’93 player with a Super Bowl ring (49ers in Super Bowl XVI), George doesn’t qualify for any disability benefits from the NFL. Why? Because he didn’t play four full seasons to qualify under the NFL’s Plan rules!
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Don’t think these politicians are only going to target professional athletes – who do you think they’ll target next? Long distance truck drivers? Farm workers? And just how much does the NFL and its insurers think they’ll be saving by quietly supporting this bill? This bill will affect everyone. (You can read all Panelist biographies by clicking HERE.)
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YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video.
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Yakub Hazzard from Robins, Kaplan, Miller & Ciresi spent over an hour explaining and answering questions about basic visual rights, how they work and what others can – and can’t – do with them. This is the basic primer that neither the NFL nor the NFLPA nor your agent EVER wanted football players to understand. (You can read all biographies by clicking HERE.)
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YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video.
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EDITOR’S NOTE – MAY 8 2013: We just uploaded Yakub’s slideshow so you can follow along with the video. You can view each slideshow full screen by clicking on the FullScreen icon in the lower right corner of each slide screen (press ESC to close the slideshow).
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