USOR SITE PRP GROUP v. MEXICO LINDO MARKET

Civil Action No. 4:14-CV-2441.

USOR SITE PRP GROUP, Plaintiff, v. MEXICO LINDO MARKET, et al, Defendants.

United States District Court, S.D. Texas, Houston Division.

June 29, 2017.

Editors Note
Applicable Law: 42 U.S.C. § 9613
Cause: 42 U.S.C. § 9613 CERCLA
Nature of Suit: 893 Environmental Matters
Source: PACER


Attorney(s) appearing for the Case

USOR Site PRP Group, Plaintiff, represented by Gary D. Justis , The Justis Law Firm LLC.

USOR Site PRP Group, Plaintiff, represented by Rachel D. Guthrie , The Justis Law Firm LLC & Matthew Travers Merryman , The Justis Law Firm LLC.

AAR Inc., Defendant, represented by Douglas Eugene Koger , Attorney at Law.

Alamo Environmental, Inc., Defendant, represented by Jonathan M. Bailey , Bailey and Bailey PC.

Apache Services, Inc., Defendant, represented by Jay W. Dale , Attorney at Law.

Aqua Solutions, Inc., Defendant, represented by Timothy David McMurtrie , Royston Razor et al & Brian Charles Miller , Royston Rayzor et al.

Axys Industrial Solutions LLC, Defendant, represented by Bradley E. Chambers , Baker Donelson Bearman Caldwell Berkowitz PC & Tiye Tarita Foley , Royston Rayzor et al.

BSMP Inc., Defendant, represented by Kenna M. Seiler , Attorney at Law.

Bayou City Environmental Services, LP, Defendant, represented by George McCorkell Plews , Plews Shadley Racher & Braun LLP, Matthew Sean Parish , Taunton, Snyder & Slade & Daniel Phillip Cory , Plews Shadley Racher & Braun LLP.

Bealine Service Co., Inc., Defendant, represented by Scott Hanson McLemore , McLemore Law Firm.

9717 Chemical Road, Inc., Defendant, represented by Scott Hanson McLemore , McLemore Law Firm.

Ben Taub Hospital, Defendant, represented by Sarah Jane Utley , Harris County Attorney's Office.

Berg Environmental Services, Inc., Defendant, represented by Catherine Bentley Harris , Reed & Scardino LLP.

Brazoria County Mosquito District, Defendant, represented by Raethella Jones , Brazoria County District Attorney.

Brazos Valley Energy LLC, Defendant, represented by C. Carrick Brooke-Davidson , Guida Slavich And Flores PC & Howard L. Gilberg , Guida Slavich Flores PC.

City of La Marque, Texas, Defendant, represented by Scott Bounds , Olson & Olson, LLP.

City of Pasadena, Texas, Defendant, represented by Gregory R. Tan , Greenberg Traurig LLP & Paul Martin Seby , Greenberg Traurig, LLP.

City Waste, L.P., Defendant, represented by James David Bradbury , Attorney at Law.

Coal City Cob Co., Inc., Defendant, represented by James P. Moon , KAPLAN & MOON, PLLC.

Conestoga-Rovers & Associates Inc., Defendant, represented by Matthew Sean Parish , Taunton, Snyder & Slade.

Deer Park Energy Center LLC, Defendant, represented by Howard L. Gilberg , Guida Slavich Flores PC & C. Carrick Brooke-Davidson , Guida Slavich And Flores PC.

Drane Ranger Vacuum Service, Defendant, represented by James E. Smith , Schirrmeister Diaz-Arrastia Brem LLP.

Eagle Construction and Environmental Services, LLC, Defendant, represented by Matthew William Caligur , Baker Hostetler LLP.

Evergreen Environmental Services, LLC, d/b/a Evergreen Industrial Services, Defendant, represented by Ashley Aiello Prieto , Porter Hedges LLP & Ragna Henrichs , Porter Hedges LLP.

Environmental Earth-Wise, Inc., Defendant, represented by Charles O. Grigson , Attorney at Law.

Enviro-Vac, Ltd., Defendant, represented by David Matthew Bates , Gardere Wynne Sewell LLP.

Resolve Marine Group, Inc., Defendant, represented by Kenneth Olan Corley , Attorney at Law.

Estes Express Lines, Defendant, represented by Burgain Garfield Hayes , Attorney at Law & Clint Foster Sare , Law Office of Clint F. Sare.

Excel Industrial Group, LLC, Defendant, represented by Laura Gibson , Dentons US LLP.

Farouk Systems, Inc., Defendant, represented by Kevin Frank Risley , Thompson Coe et al.

Firebird Bulk Carriers, Inc., Defendant, represented by P. Andrew McStay , Porto Trueheart et al.

Flex Oil Service, LLC, Defendant, represented by P. Andrew McStay , Porto Trueheart et al.

Gator Environmental & Rentals, Inc., Defendant, represented by Kenneth Olan Corley , Attorney at Law.

Grease Recyclers Co-op, Defendant, represented by Jon Alan Jaworski , Law Office of Jon A. Jaworski.

Gulbrandsen Technologies Inc., Defendant, represented by Anthony James Reitano , Herold Law PA & Monica Perez Schroeck , Herold Law PA.

Gulf States Environmental, Defendant, represented by John Vincent Burger , Burger Law Firm.

Harris County, Texas, Defendant, represented by Sarah Jane Utley , Harris County Attorney's Office.

Hercules Offshore, Inc., Defendant, represented by Kenneth Olan Corley , Attorney at Law.

Highland Threads, Inc., Defendant, represented by Kenneth Olan Corley , Attorney at Law.

Highway Transport, Inc., Defendant, represented by Matthew Sean Parish , Taunton, Snyder & Slade.

Holman Shipping, Inc., Defendant, represented by Eugene Wade Barr , ROYSTON RAYZOR VICKERY & WILLIAMS LLP & Dimitri P. Georgantas , Royston Rayzor Vickery Williams LLP.

Houston Engine & Balancing Service, Defendant, represented by Joe C. Holzer , Andrews & Kurth & Louis Gasche Holzer , Attorney at Law.

The Houston Housing Authority, Defendant, represented by Bernardo S. Garza , Attorney at Law.

Humble Elevator Service, Inc., Defendant, represented by John H. Trueheart, Jr. , Porto Trueheart et al.

J&D Oil Service, Defendant, represented by Russell Caldwell Ducoff , Attorney at Law.

K-3 Resources, L.P., d/b/a K-3BMI, Defendant, represented by David Lawrence Merkley , Germer Gertz LLP & Sarah Jane Clinton Jones , Germer PLLC.

Kirby Inland Marine, LP, Defendant, represented by Patrick Lawrence Leahy , Baker Botts LLP.

LEL Environmental, Ltd., Defendant, represented by Charles W. Irvine , Irvine & Conner PLLC & Michael Patrick McEvilly , Blackburn Carter PC.

Lion Industrial Resources, Inc., Defendant, represented by William H. Wellborne , Attorney at Law.

Liquid Waste Solutions, Defendant, represented by James E. Smith , Schirrmeister Diaz-Arrastia Brem LLP.

Massey Industries Inc., Defendant, represented by Rhonda Denice Walls , Sowell Alvares et al PLLC.

Maverick Tube Corp., Defendant, represented by Patrick Lawrence Leahy , Baker Botts LLP.

MECX, LP, Defendant, represented by Kevin Frank Risley , Thompson Coe et al.

Metro Grease Service LLC, Defendant, represented by Chevazz Brown , Jackson Walker LLP.

Milstead Management, LLC, Defendant, represented by Teresa L. DeFord , De Ford Law Firm PLLC.

Milstead Automotive, Ltd., Defendant, represented by Teresa L. DeFord , De Ford Law Firm PLLC.

Morgan Oil Co., Defendant, represented by Donald H. Grissom , Grissom and Thompson LLP.

Penn Maritime Inc., Defendant, represented by Patrick Lawrence Leahy , Baker Botts LLP.

Pulido Trucking, LP, Defendant, represented by Juan Roberto Fuentes , The Fuentes Firm, P.C..

Railroad Commission of Texas, Defendant, represented by Thomas Haines Edwards , Office of Attorney General.

The RectorSeal Corp., Defendant, represented by Charles Christopher Groves , Miller Egan et al.

Regio Vacuum Service, Inc., Defendant, represented by Kenneth Olan Corley , Attorney at Law.

REM Research Group, Inc., Defendant, represented by Bruce Marvin Flowers , Kane Russell Coleman Logan PC.

Robbie D. Wood, Inc., Defendant, represented by Karen M. Alvarado , Brothers Sepulveda Alvarado PC.

Shawcor Pipe Protection, LLC, Defendant, represented by William J. Jackson , Kelley Drye Jackson Gilmour Dobbs & Kenneth Olan Corley , Attorney at Law.

Shelton Services Inc., Defendant, represented by Renesha Fountain , Chamberlain Hrdlicka et al.

Smith Systems Transportation, Inc., Defendant, represented by Gregory S. Hudson , Cozen O'Connor.

SouthWaste Disposal, LLC, Defendant, represented by Ragna Henrichs , Porter Hedges LLP & Ashley Aiello Prieto , Porter Hedges LLP.

Sparkler Filters, Inc., Defendant, represented by William J. Jackson , Kelley Drye Jackson Gilmour Dobbs & Kenneth Olan Corley , Attorney at Law.

Specialized Maintenance Services, Inc., Defendant, represented by Raymond T. Reott .

Specialized Waste Systems, Inc., Defendant, represented by William H. Wellborne , Attorney at Law.

Stephen F. Austin State University, Defendant, represented by Thomas Haines Edwards , Office of Attorney General.

Sugarland Petroleum, Inc., Defendant, represented by Mohammed Ali Zakaria , M Ali Zakaria Assoc PC.

Sunbelt Steel Texas, Inc., Defendant, represented by Jennifer Lynne Graf , Kilpatrick, Townsend & Stockton LLP.

Syntech Chemicals, Inc., Defendant, represented by P. Andrew McStay , Porto Trueheart et al.

T&L Environmental Services, Inc., Defendant, represented by Geary Todd Taylor , Johanson Fairless LLP.

Taylor Press Products Co., Defendant, represented by Katherine J. Walters , Richie Gueringer PC.

Tenaris Coiled Tubes LLC, Defendant, represented by Patrick Lawrence Leahy , Baker Botts LLP.

Tex-Tube Co., Defendant, represented by Adam Brett Chambers , Bateman Pugh Chambers PLLC.

Texas A&M University, Defendant, represented by Thomas Haines Edwards , Office of Attorney General.

Texas Couplings, L.P., Defendant, represented by Tammie S. Haynes , Attorney at Law.

Texas Department of Criminal Justice, Defendant, represented by Thomas Haines Edwards , Office of Attorney General.

Texas Department of Transportation, Defendant, represented by Thomas Haines Edwards , Office of Attorney General.

Texas General Land Office, Defendant, represented by Thomas Haines Edwards , Office of Attorney General.

Texas Southern University, Defendant, represented by Thomas Haines Edwards , Office of Attorney General.

Texas State University System, Defendant, represented by Thomas Haines Edwards , Office of Attorney General.

Texas Water Management LLC, Defendant, represented by Adam Hugh Sencenbaugh , Haynes and Boone LLP.

Tideport Distributing, Inc., Defendant, represented by David W. Ledyard , Strong Pipkin et al & David Andrew Kirby , Strong Pipkin Bissell & Ledyard, LLP.

Transmontaigne Product Services Inc., Defendant, represented by Craig K. Pendergrast , Taylor English Duma LLP.

USA Environment, LP, Defendant, represented by George McCorkell Plews , Plews Shadley Racher & Braun LLP, Daniel Phillip Cory , Plews Shadley Racher & Braun LLP & Matthew Sean Parish , Taunton, Snyder & Slade.

United Environmental Services, LLC, Defendant, represented by Robert G. Dees , Martin Disiere Jefferson & Wisdom LLP.

University of Houston, Defendant, represented by Thomas Haines Edwards , Office of Attorney General.

The University of Texas System, Defendant, represented by Thomas Haines Edwards , Office of Attorney General.

USAg Recycling Inc., Defendant, represented by Leslie Wm Adams , Attorney at Law.

Western Oilfields Supply Co., d/b/a Rain for Rent, Defendant, represented by Catherine Bentley Harris , Reed & Scardino LLP.

Western Properties, Inc., Defendant, represented by Lesley Catherine O'Connor , O'Connor Craig et al.

Bludworth Marine, L.L.C., Defendant, represented by Harry Ross Asher , Roberts Markel Weinberg Butler Hailey PC.

Bredero Price Co., Defendant, represented by Kenneth Olan Corley , Attorney at Law.

CLP Chemicals L.P., Defendant, represented by Jerrad D. Bloome , Weycer Kaplan et al.

Cole Chemical & Distributing Inc, Defendant, represented by John Wesley Wauson , Wauson Probus & Jarrod Barclay Martin , Nathan Sommers et al.

Consolidated Waste, LLC d/b/a Liquid Waste Solutions, Defendant, represented by James E. Smith , Schirrmeister Diaz-Arrastia Brem LLP.

Danny Herman Trucking Inc, Defendant, represented by Adam Wagoner Green , Baker Donelson et al.

Severn Trent Services, Inc., Defendant, represented by John Michael DiGiglia , Gieger Laborde & Laperouse LLC & Brendan P. Doherty , Gieger Laborde Lapersouse LLC.

Deposition Technology Inc., Defendant, represented by Leland P. McKeeman , Leland P McKeeman, Attorney at Law.

E-Transport Carriers, Inc., Defendant, represented by Joelle Grace Nelson , Lewis Brisbois Bisgaard & Smith LLP & Shannon Lee Snider , Lewis Brisbois Bisgaard and Smith LLP.

International Bank Of Commerce, Defendant, represented by Vincent A. Notzon , Martin Drought PC.

Watco Companies, LLC, Defendant, represented by Kevin P. Holewinski , Jones Day, pro hac vice & Daniella A. Einik , Jones Day.

Western Properties Co, Defendant, represented by Lesley Catherine O'Connor , O'Connor Craig et al.

Severn Trent Services, Defendant, represented by Brendan P. Doherty , Gieger Laborde Lapersouse LLC.

Watco Companies, LLC, Defendant, Pro Se.

Western Properties Co., Defendant, represented by Lesley Catherine O'Connor , O'Connor Craig et al.

PSC INDUSTRIAL OUTSOURCING, LP, Defendant, represented by Chevazz Brown , Jackson Walker LLP.

def International Bank Of Commerce, Defendant, represented by Vincent A. Notzon , Martin Drought PC.

Penske Truck Leasing Co., L.P., Defendant, represented by Jeffrey M. Travis , Travis Law Group.

Tecate CC Town, LLC, d/b/a Tecate Mexican Restuarant & Cantina, Defendant, represented by Adam Brett Chambers , Bateman Pugh Chambers PLLC.

Atlas Texas Food & Beverages LLC, Defendant, represented by Thomas H. Smith, III , Roger G. Jain & Associates, P.C..

B&B Corner Corporation, dba Hong Kong Super Market, Defendant, represented by Adam Brett Chambers , Bateman Pugh Chambers PLLC.

The Bake Shoppe & Cafe, Defendant, represented by Howard H. Singleton , Singleton Law Firm.

Gulf Coast Remediation, Ltd, Defendant, represented by Matthew Sean Parish , Taunton, Snyder & Slade.

British Pubs, LC, dba Red Lion, Defendant, represented by Christopher Joseph Tramonte , Tramonte Assoc.

Cajun Operating Company d/b/a Church's Chicken, Defendant, represented by Brian Weil Zimmerman , Zimmerman Axelrad et al.

Calco Marketing, Inc., Defendant, represented by Mac Wesley Hancock, III , Law Offices of Mac W Hancock III.

BNC Ventures, Inc. d/b/a Barry's Pizza, Defendant, represented by Jerrad D. Bloome , Weycer Kaplan et al.

Chilos Seafood Restaurant, Inc., Defendant, represented by Anthony W. Hernandez , Attorney at Law.

Consolidated Restaurant Operations, Inc., Defendant, represented by Gregory S. Hudson , Cozen O'Connor.

Del Pueblo Restaurant Group, Inc. d/b/a Del Pueblo Mexican Restaurant, Defendant, represented by Sybil J. Carr , Attorney at Law.

Dent Removers, Inc. d/b/a Texas Car Wash, Defendant, represented by Ted A. Cox , Attorney at Law.

Dimassi's Mediterranean Buffet, Defendant, represented by George B. Murr , Murr Yanochik, P.L.L.C..

Harris County Hospital District, Defendant, represented by Sarah Jane Utley , Harris County Attorney's Office.

El Quetzal Bakery & Restaurant, Defendant, represented by Jennifer Lynn Fox , Law Office of Jennifer L. Fox.

El Taquito Meat Market Inc., Defendant, Pro Se.

Empire Restaurants, LP d/b/a Empire Cafe, Defendant, represented by George B. Murr , Murr Yanochik, P.L.L.C..

G Torres, Inc. d/b/a Tapatia Taqueria Mexican Cafe, Defendant, represented by Nicole Marie Hilburn , Dabney & Pappas.

Golden Seafood House, Defendant, represented by Kenneth Olan Corley , Attorney at Law.

Goodgames Industrial Solutions, LLC, Defendant, represented by Gregory S. Hudson , Cozen O'Connor.

Houston Independent School District, Defendant, represented by Richard A. Morris , Rogers, Morris & Grover, L.L.P..

Houston Motor Speedway Corp., Defendant, represented by John K. George , Attorney at Law.

Monument Inn, Inc., Defendant, represented by Melvin L. Smith, Jr. , LAW OFFICES OF MEL SMITH.

Huffman Independent School District, Defendant, represented by Kenneth Olan Corley , Attorney at Law.

New Chinese Star Restaurant Inc., Defendant, represented by Richard M. McElvaney, Jr. , University of Houston Law Center.

Nikjiki Inc., Defendant, represented by Chung Yuan Lee , CY Lee Legal Group PLLC.

PWT Enterprises, Inc., Defendant, represented by Jay M. Wright , Attorney at Law.

Pearland Independent School District, Defendant, represented by Richard A. Morris , Rogers, Morris & Grover, L.L.P..

Pollo Riko, Inc., Defendant, represented by Craig Kenward Ribbeck , The Ribbeck Law Firm PLLC.

Poom Thai, Inc., Defendant, represented by Dale F. Carrington , Law Office of Dale F. Carrington.

Premier Cash Inc., Defendant, Pro Se.

Pronto Cucinino, L.P., Defendant, represented by Paul Anthony Galante , Pierce and O'Neill LLP.

Romano's Flying Pizza & Pasta, Inc., Defendant, represented by Jerrad D. Bloome , Weycer Kaplan et al.

Ruman Adem, Inc., Defendant, represented by Keryl LaSonya Burgess Douglas , Keryl L. Douglas Attorney At Law.

Sk Ztex LLC,, Defendant, represented by Linda M. Talbot , Timothy R Ploch PC & Timothy R. Ploch , Attorney at Law.

Sambuca Houston, L.P., Defendant, represented by Dean M. Blumrosen , Attorney at Law.

Sbarro, LLC., Defendant, represented by William O. Grimsinger , Grimsinger Law.

Sheldon Independent School District, Defendant, represented by Kenneth Olan Corley , Attorney at Law.

Shipley Do-Nut Flour & Supply Co., Inc., Defendant, represented by Jerrad D. Bloome , Weycer Kaplan et al.

Silverado Senior Living, Inc., Defendant, represented by Josh K. Davis , Lewis Brisbois Bisgaard Smith LLP & Shannon Lee Snider , Lewis Brisbois Bisgaard and Smith LLP.

Specialty Restaurants Corp., Defendant, represented by Rachel Ziolkowski Ullrich , FordHarrison LLP.

Spring Branch Independant School District, Defendant, represented by Kenneth Olan Corley , Attorney at Law.

Swanson Subway, Defendant, represented by Eric David Nielsen , The Nielsen Law Firm.

Tajindia, Inc., Defendant, Pro Se.

Taqueria Cancun, Defendant, represented by Alan Ying-Kit Kwan , Kwan Assoc PC.

Teloloapan Meat Markets, Inc, Defendant, represented by Brian Weil Zimmerman , Zimmerman Axelrad et al.

Texas City Independent School District, Defendant, represented by Kenneth Olan Corley , Attorney at Law.

Texas Racquet & Spa, Inc., Defendant, represented by Monica Schulz Orlando , Orlando & Orlando, LLP.

Three Brothers Bakery, Inc, Defendant, Pro Se.

Tierra Viva Inc, Defendant, Pro Se.

JLH Automotive, LTD, Defendant, represented by William T. Green, III , Attorney at Law.

JTB Recycling Facility, Inc., Defendant, represented by James E. Smith , Schirrmeister Diaz-Arrastia Brem LLP.

KHSS Ventures, Inc., Defendant, Pro Se.

Karen & Karen, Inc., Defendant, represented by William S. Chesney, III , Frank, Elmore et al.

La Baguette French Bakery, Defendant, represented by Peter Joseph Bennett , Peter J. Bennett PC.

La Casa Del Cabrito Mexican Restaurant & Bar, Defendant, represented by Armando Lopez , Attorney at Law.

La Colombe D'Or Restaurant and Hotel, LLC, Defendant, represented by James Dean Salyer , Morris Lendais Hollrah Snowden.

Legacee International Environmental Services, Inc., Defendant, represented by Catherine Bentley Harris , Reed & Scardino LLP.

J.J. Shelton, Defendant, represented by Renesha Fountain , Chamberlain Hrdlicka et al.

Los Gallitos Mexican Cafe II, Inc., Defendant, represented by Stephen Theodore Liss , LAW OFFICE OF STEPHEN LISS, PLLC & Todd C. Collins , Taylor Taylor Rusell.

Mexico Lindo Market, Defendant, represented by David Hillel Melasky , Attorney at Law.

Vosswood Nursing Centers, Defendant, represented by Bradley E. Chambers , Baker Donelson Bearman Caldwell Berkowitz PC & Tiye Tarita Foley , Royston Rayzor et al.

Third Coast Packaging, Inc., Defendant, represented by Nathan A. Steadman , Meyer Knight Williams LLP.

US Waste Industries, Inc., Defendant, represented by Bradley E. Chambers , Baker Donelson Bearman Caldwell Berkowitz PC & Tiye Tarita Foley , Baker Donelson Bearman Caldwell & Berkowitz PC.

K&N International d/b/a Hungry Farmer Barbecue, Defendant, represented by Justin William Renshaw , Renshaw, PLLC.

Affordable Environmental Service, LLC, Defendant, Pro Se.

AW Systems, LLC, Defendant, represented by Stephen D. Colbert , Colbert Johnston Dion PLLC.

City of League City, Defendant, represented by Andrew M. Edison , Edison, McDowell & Hetherington, LLP.

Frost Bank, Defendant, represented by Peter Thompson Gregg , DuBois Bryant et al.

Houston Engine & Balancing Service, Cross Claimant, represented by Joe C. Holzer , Andrews & Kurth, Louis Gasche Holzer , Attorney at Law & Louis Gasche Holzer , Attorney at Law.

Tex-Tube Co., Cross Claimant, represented by Adam Brett Chambers , Bateman Pugh Chambers PLLC.

Environmental Earth-Wise, Inc., Cross Defendant, represented by Charles O. Grigson , Attorney at Law.

The Houston Housing Authority, Cross Claimant, represented by Bernardo S. Garza , Attorney at Law.

Specialized Maintenance Services, Inc., Cross Defendant, represented by Raymond T. Reott .

City of La Porte, Texas, Counter Claimant, represented by Scott Bounds , Olson & Olson, LLP.

USOR Site PRP Group, Counter Defendant, represented by Gary D. Justis , The Justis Law Firm LLC, Rachel D. Guthrie , The Justis Law Firm LLC & Matthew Travers Merryman , The Justis Law Firm LLC.

Larry's Bar-B-Q, Cross Claimant, represented by Bennett G. Fisher , Fisher and Associates PC.

Consolidated Waste, LLC d/b/a Liquid Waste Solutions, Cross Defendant, represented by James E. Smith , Schirrmeister Diaz-Arrastia Brem LLP.

Taylor Press Products Co., Cross Claimant, represented by Katherine J. Walters , Richie Gueringer PC.

Berg Environmental Services, Inc., Cross Defendant, represented by Catherine Bentley Harris , Reed & Scardino LLP.

Berg Environmental Services, Inc., Cross Claimant, represented by Catherine Bentley Harris , Reed & Scardino LLP.

Taylor Press Products Co., Cross Defendant, represented by Katherine J. Walters , Richie Gueringer PC.


ORDER ON MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Before the Court is the defendant, Mexico Lindo Market ("Mexico Lindo"), motion for summary judgment filed against the plaintiff, USOR Site PRP Group ("USOR")1. The Court notes that it has...

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