Ernst & Young in Lehman lawsuit

Lehman's old headquartersLehman Brothers was the first major bank to collapse during the financial crisis in 2008
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Accountancy giant Ernst & Young has been sued by New York’s attorney general over its role in the collapse of Lehman Brothers during the financial crisis in 2008.

Andrew Cuomo claimed the firm was complicit in a “massive accounting fraud” perpetrated by Lehman.

Ernst & Young said that it would “vigorously defend” itself.

“There is no factual or legal basis for a claim to be brought against an auditor in this context,” it said.

“Lehman’s audited financial statements clearly portrayed Lehman as a highly leveraged entity operating in a risky and volatile industry.”

Mr Cuomo takes a different view.

“At a time when it was critical for investors to make informed decisions as to whether to keep or to buy Lehman, Ernst & Young assisted Lehman in defrauding the public,” the lawsuit clams.

The case centres on Lehman’s use of an accountancy practice known as Repo 105, which involves removing temporarily money from the balance sheet.

Observers suggested the two parties may settle out of court, rather than enter a long and expensive court battle.

“It tends to be a lot less expensive for both parties to resolve it through settling and getting it behind them,” said Bruce Pounder at US firm Leveraged Logic.

Lehman Brothers was the first major bank to collapse as part of the global financial crisis in September 2008.

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Costain bid rejected by Mouchel

Enterprise Mouchel road gritting lorryMouchel part-owns a company that has a contract to grit roads in south London
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Engineering group Costain has confirmed that it has had a takeover proposal rejected by outsourcing company Mouchel.

Costain said it contacted Mouchel’s board on 2 December, only for its approach to be turned down on 6 December.

Mouchel had already said it had received a preliminary takeover offer, but did not name the interested party.

Costain said it was now uncertain whether it would make a formal bid.

When Mouchel made its announcement on 6 December, its shares ended that day’s trading up 28%.

Prior to that they had fallen by 80% so far this year, as a result of the UK government and local authorities reducing spending on the new infrastructure development that the company provides.

Costain said it had proposed making an all-share offer for Mouchel at a 87% premium to Mouchel’s closing share price on 3 December.

David Allvey, Costain’s chairman, said: “The board of Costain believes that there is a compelling strategic rationale for combining Costain and Mouchel.”

Mouchel was founded in south Wales in 1897 by Frenchman Louis Mouchel. Today it has its headquarters in Woking.

Some of its earliest contracts included helping to build London’s Earls Court Exhibition Centre and stands at Manchester City’s former Maine Road stadium.

Mouchel’s current operations include half-ownership of Enterprise Mouchel, which has a contract to grit roads in south London.

Costain was established in Liverpool in 1865, but is now based in Maidenhead. It was involved in building the Channel Tunnel and the Thames Barrier.

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Japan’s export growth accelerates

Japanese car plantThe Bank of Japan said manufacturing production had weakened

Japanese export growth picked up for the first time in nine months in November, in part due to a weaker yen, official figures have shown.

Exports grew by 9.1% compared with a year earlier, the finance ministry said, compared with 7.8% in October.

However, analysts remain concerned about the strength of Japan’s economy.

Also on Wednesday, the government forecast economic growth of 1.5% next year, a sharp fall on the 3.1% it predicts for this year.

It also forecast that consumer prices will stop falling – they have been on a downward spiral for 20 consecutive months.

However, this would not mean the battle against deflation is over, the government said.

Deflation is particularly damaging to economic growth because it undermines consumer demand, as individuals tend to wait until prices fall further before making purchases.

Despite the improved November figures, analysts remain unconvinced that export growth can be sustained.

“As the global economy is clearly slowing, although it is not deteriorating, Japan’s annual export growth may turn flat between January and March, which would weigh on the economy’s growth,” said Takeshi Minami at the Norinchukin Research Institute.

He warned that if the economy does slow, “the government could hardly do anything about it, with little room left to boost fiscal spending”.

Last month, the government passed a $61bn (£39bn) stimulus package, the latest in a series of measures designed to boost the economy by creating jobs.

On Tuesday, Japan’s central bank kept interest rates at between zero and 0.1% in order to boost the country’s fragile recovery, while in October it announced a 5tn yen ($60bn; £40bn) asset purchase scheme designed to boost demand.

Japan’s economy expanded at an annual pace of 4.5% between July and September, but many economists attribute this relatively strong growth to one-off factors.

Most expect growth to be weaker in the final three months of the year.

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Worker assault bill faces defeat

Man shoutingSupporters of the bill argued shop-workers were at increased risk of assault
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Plans to bring in a specific offence for assaulting workers who deal with the public face defeat at Holyrood.

Labour’s Hugh Henry brought the backbench bill, saying employees such as shop-workers or train and bus conductors needed extra protection.

However, ministers say people are already protected under common law support, whether they work with the public or not.

MSPs will vote on the Protection of Workers Bill in parliament.

Mr Henry said the legislation was backed by shop-workers, major retailers and transport workers.

He added: “MSPs of all parties have decided to toughen the law on alcohol and nicotine and MSPs expect shop-workers to play their part in ensuring that drunk people are not served and that children do not get served.

“This will put pressure on shop-workers and it’s right that we play fair by them and ensure that they get the protection they deserve.”

It is already a specific offence to assault or obstruct people providing emergency care, such as doctors and nurses.

Mr Henry’s bill has won support from shop-workers union Usdaw, the Scottish Grocers’ Federation and the Co-operative Group.

However, Holyrood’s economy committee, which has been scrutinising the bill, said it would not extend the legal protection currently in force and recommended it be voted down.

But the committee called for consideration to be given to new prosecution and sentencing guidelines in relation to assaults on workers who deal with the public, to tackle the perception that aggravating circumstances are not taken seriously.

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Emerging nations upbeat on 2011

Three men in UKPeople in the UK were more negative about the future than the global average

Power and prosperity are shifting to the east and to emerging economic nations, a new global poll says.

The survey of economic prospects for 2011 suggests the biggest number of optimists live in countries like China, Brazil and India.

The survey, conducted by leading pollsters associated with Gallup International, suggests the most downhearted country is the UK.

The survey questioned 64,000 people in 53 countries.

It measures levels of optimism about personal well-being and the state of the economy in the coming 12 months.

Globally, opinion is evenly divided about whether 2011 will be a year of prosperity, with 30% saying Yes and 28% No, while 42% believe it will be unchanged.

BBC World Affairs Correspondent Adam Mynott says there are marked differences between the Bric countries – Brazil, Russia, India and China – and the rich G7 of the US, Canada, Germany, France, UK, Italy and Japan.

The survey team has drawn up a Global Barometer of Hope and Despair. People in 19 of the countries are generally optimistic about their well-being next year and 34 countries are pessimistic. Our correspondent says it is striking to note that most wealthy countries are firmly in the gloomy sector.

The UK was particularly downbeat in four key questions.

Will 2011 be a year of prosperity? UK – 8% Yes; World average 30%Will unemployment rise? UK 37% Yes; World average 17%Will you find a job quickly if you become unemployed? UK 17% Yes; World average 31%Will 2011 be better than 2010? UK 23% Yes; World average 42%

Gallup says its findings suggest: “While wealth is still concentrated in Europe and North America, there is a shift in power and prosperity from the West of the 20th Century to the East”.

The economies of the Bric countries – with the exception of Russia – typically enjoy rapid growth rates, with gross domestic product expansion of 10% not untypical in China.

In contrast, the developed economies have largely struggled back into positive figures as the credit crisis of 2008 has receded.

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Concerns over rich-poor study gap

Graduates at LSESome elite urban universities such as LSE attract more students from disadvantaged backgrounds

Pupils on free school meals are 55 times less likely to go to Cambridge or Oxford than those from private schools, the Sutton Trust has said.

The charity said it feared rising fees and the axing of a support programme would make it harder for poor students to get into England’s top universities.

It also raised concerns about proposed measures to widen participation.

The government said closing the gap was a key priority, which it was tackling with “radical measures”.

The Sutton Trust has published the percentages of pupils who qualified for free lunches when they were at school – a measure of deprivation – attending each of England’s universities.

The proportion was 0.8% at both Oxford and Cambridge, while more than 40% of their students came from independent schools.

And in general, pupils from private schools were 22 times more likely to go to a top university than those who had been on free school meals, the Trust said.

The Trust said the greatest factor determining how many poorer students go to university is the fact that so few of them get the grades they need – something many top institutions also point out.

“”The prospects for less privileged students getting into top universities will get more difficult with the almost tripling of tuition fees, and the ending of the Aimhigher scheme”

Peter Lampl, Chairman, Sutton Trust

However, the Trust said that some highly selective universities, particularly in urban areas, such as Kings College London (5.3%) and the London School of Economics (4%), had a higher proportion of free school meals students than some less selective institutions, for example Portsmouth (3%), Lincoln (3%) and Oxford Brookes (1.7%) universities.

The universities with the most students who had been eligible for free school meals were urban, less selective institutions including London South Bank University (24.7%) and the University of East London (23.1%).

From 2012, universities will be able to charge up to £9,000 a year tuition fees.

These will be paid up-front by the government as a loan, which graduates will then begin to repay once their earnings reach £21,000.

Ministers have outlined plans under which the government would pay the first year’s tuition fees for students eligible for free school meals.

Universities wanting to charge tuition fees of more than £6,000 a year would then have to fund the student’s second year.

But the Sutton Trust said it was concerned that this would have “little impact on the country’s most prestigious universities outside the country’s major urban areas”, because of the low numbers of the poorest students attending them.

It also said it feared that if universities were required to provide a contribution for such students, the least well-funded universities would be hit the hardest, as they often take more disadvantaged students.

The figures also show a significant gap between the most privileged pupils and the rest – many of whom will be children from middle income households, the Sutton Trust said.

It said that fair access for both low and middle-income students should remain a focus.

The report also raised concerns about the coalition’s decision to scrap AimHigher, a government body which runs programmes to encourage young people from disadvantaged backgrounds into higher education.

Instead, universities will be expected to fund such activities themselves.

“The prospects for less privileged students getting into top universities will get more difficult with the almost tripling of tuition fees, and the ending of the Aimhigher scheme,” said Sir Peter Lampl, Chairman of the Sutton Trust.

“Together these reforms amount to a completely new and uncertain landscape for university access for less privileged students.”

The Trust said that sanctions on universities failing to make sufficient progress on access should have “real teeth”.

Oxford and Cambridge Universities both cited research showing that of 176 students on free school meals who got three As at A-level in 2007, 45 went to Oxford or Cambridge.

Oxford said it had one of the most extensive outreach programmes in the country, while Cambridge said it remained committed to engaging with disadvantaged groups.

The Russell Group of research-intensive universities said it invested millions of pounds in bursaries and other initiatives designed to help the least advantaged students have the best possible chance of winning a place.

It said the new fee regime was “fair and progressive in protecting low earners” and noted that participation from all socio-economic groups had increased since fees were raised in 2006.

But the Million+ group representing new universities echoed concerns that institutions with larger numbers of disadvantaged students would be hit by the requirement to fund their second year fees.

“Universities which currently achieve the most in terms of social mobility… will lose out financially and will have no alternative but to charge higher fees from all students to deliver the match-funding,” said its chief executive, Pam Tatlow.

The Department for Education said narrowing the attainment gap was a “key priority”, which it was tackling with “radical measures” including introducing a pupil premium targeted at the children from the poorest backgrounds.

The Department for Business, Innovation and Skills said its goal was that no-one should be put off higher education on financial grounds.

“All graduates will pay back less per month than now and the poorest 25% of graduates will pay back less in total,” a spokesperson said.

A new £150m National Scholarship Programme would tackle the sorts of problems identified by the Sutton Trust, the spokesperson added.

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Europe airports battling backlog

A train makes its way through the snow-covered landscape in the western German city of EssenTrains have taken the strain as stranded air passengers opted to travel overland instead
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European airports are struggling to help thousands of passengers stranded after severe wintry weather paralysed parts of Europe’s transport network.

Freezing temperatures, snow and ice has grounded flights, trapping travellers returning home for Christmas.

Airport operators defended their handling of the crisis amid criticism from the European Commission.

Officials at the worst-affected airport, London’s Heathrow, rebuffed offers to bring in the UK Army to help.

Since Saturday, when 12.7cm (five inches) of snow fell in just one hour, Heathrow airport – the world’s busiest – has cancelled hundreds of flights.

The airport said it planned to operate two-thirds of its scheduled flights on Wednesday.

Delays at Heathrow also had a knock-on effect on other northern European airports.

In Ireland, the Dublin Airport Authority said the airport would be closed until at least 0800GMT on Wednesday, the The Irish Times reports.

‘Unacceptable disruption’

In Germany, Frankfurt airport cancelled 550 of almost 1,300 flights on Tuesday because of the bad weather.

Passengers wait in a marquee outside the Departures area of Terminal 3 at Heathrow AirportTents have been erected at Heathrow airport to accommodate waiting passengers

Air France said that some 5,000 people spent the night at Paris’ Charles de Gaulle airport on Tuesday – 4,000 of whom were trying to fly into London, according to Le Monde.

While in Sweden, Scandinavian airline SAS said flights to London’s Heathrow were the most problematic.

“It is the absolute worst there,” SAS spokeswoman Elisabeth Manzi told The Local.

“From Frankfurt and Paris, things are running smoothly and we are getting passengers out. In London, we currently have about 5,000 to 6,000 SAS customers.”

Many passengers sought to travel by rail instead of plane, causing Eurostar to recommend that passengers trying to leave from London should cancel their tickets and stay at home.

But rail expert Christian Wolmar said the real problem was not bad weather but bad management.

“Eurostar ought to be ashamed of themselves,” he told Associated Press.

“It would seem possible to put on extra trains, but they can’t get the crews or they can’t get the trains in place. It’s inexplicable.”

The European Commission said it was “extremely concerned” about the level of disruption caused by the severe snow, saying that it was “unacceptable and […] should not happen again”.

But Airports Council International (ACI), the professional association of European airport operators, said 88% of flights to and from European airports had been operating.

It said airports in northern Europe found it easier to cope with severe weather because the temperatures there remained largely below freezing, so the condition of the runways did not change, whereas the fluctuating temperatures in western Europe had caused problems.

UK Prime Minister David Cameron said he was “frustrated” it was taking so long to get Heathrow fully operational again.

“If it’s understandable that Heathrow had to close briefly, I’m frustrated on behalf of all those affected that it’s taking so long for the situation to improve.”

Inside the terminal, passengers who had spent several days waiting to catch their flights home were equally angered. Some were being accommodated in tents on the edge of the terminal.

“It’s not even snowing!” 19-year-old Candie Sparks, who was trying to get back to Santa Fe, New Mexico, told AP. “It’s crazy.”

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Genetic weapon against bee killer

Researchers develop a genetic technique, which could revitalise the fight against the honeybee’s worst enemy – the Varroa mite.

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New S Korea drills test tension

North Korean soldiers in shooting exercise in Kaepoong county, on the north side of DMZNorth Korean soldiers hold exercises amid large-scale South Korean drills

South Korea has said it will hold new large-scale military drills involving ground and air live fire on Thursday.

Artillery, jets and about 800 soldiers will take part, the government said, alongside separate naval exercises that began on Wednesday.

Tension has been high since North Korea shelled the South’s Yeonpyeong island last month, killing four South Koreans.

Drills by the South on Monday near Yeonpyeong sparked Northern threats of retaliation that did not materialise.

An army spokesman said Thursday’s drill would be held at Pocheon, 20km (12 miles) south of the border – about 50km from central Seoul.

Exercises have been held at Pocheon before, but this would be on an unprecedented scale, the spokesman said.

“The scale of mechanised assets taking place is enormous. When we would normally have 6 K-9 mechanised artillery, we’ll have 36.

“We’ll have the F-15 jets firing. We’ll have choppers. You can say most of the mechanised assets taking part will be firing live ammunition,” the spokesman said.

“We will retaliate thoroughly if the North commits another provocative act like the shelling of Yeonpyeong,” First Armoured Battalion commander Choo Eun-sik told Yonhap news agency.

“Through this exercise [at Pocheon], we will demonstrate our solid military preparedness,” he said.

The BBC’s Kevin Kim in Seoul says this is the largest winter live-fire exercise ever conducted on land here.

Separately, a “routine” four-day naval firing exercise has begun off the east coast of South Korea, involving six warships and helicopters.

The North Korean shelling of Yeonpyeong shocked South Koreans.

It sparked the replacement of the country’s defence minister and the development of a more active defence and deterrence policy among South Korean planners.

South Korea and the US – with which it has a long military relationship – had already been conducting large-scale military exercises, following the apparent torpedoing of a South Korean warship by the North on 26 March, which killed 46 south Korean sailors.

The pace of military drills has been stepped up in recent weeks, despite frequent denunciations from North Korea and its closest ally China.

Efforts to redirect the Korean issue back to the negotiating table have been unsuccessful.

Yeonpyeong Island Koreas, 22 Dec 2010South Korea now patrols Yeonpyeong Island since it was shelled by the North in November

China and the North say it is time to return to the six-nation talks about North Korea’s nuclear programmes.

But the US, South Korea and Japan have said they will not return to such talks, which have previously involved rewards for the North if it cuts back on nuclear development.

After a visit to North Korea, the US politician, New Mexico Governor Bill Richardson, said North Korea agreed to let international monitors back into the country to inspect its nuclear sites.

China has also urged the North to invite staff from the International Atomic Energy Agency but there has been no word from the North on the subject.

“The six-party talks will be restarted again when the North Koreans display a willingness to change their behaviour,” White House spokesman Robert Gibbs said.

North Korea walked out of the six-party talks in April 2009 and expelled UN nuclear inspectors from the country.

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Cumbria quake

News Website readers share their experiences

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Quiz of the year, part two

Quiz of the year’s news

‘Tis the season to sit back and cast an eye over 2010. But how much do you remember? Test yourself with the Magazine’s four-part compilation of the best of the year’s quizzes. Here it’s April – June. PLUS a special bonus question each day – see below for details.

Graphic of 52

1.) Multiple Choice Question

The word on everyone’s lips in April was Eyjafjallajokull, the volcano in Iceland that disrupted flights across northern Europe due to ash. What does the name mean?

Volcano Islands mountain glacierCold fire towerAngry witch

2.) Multiple Choice Question

Gillian Duffy’s encounter with Gordon Brown became known as Bigotgate. But who did she say she would vote for afterwards?

Gillian Duffy ConservativeLabourLib DemNo-one

3.) Multiple Choice Question

China and Nepal ended a dispute over the height of Mount Everest in April. Why was there a four-metre difference between their measurements?

Everest Use of different measuring equipmentOnly one side counted snow depthThey started from different heights

4.) Multiple Choice Question

Scrabble’s rules changed to allow proper nouns, such as celebrities’ names. Excluding double or triple scores, which scores the highest?

Scrabble BeatlesBeckhamBeyonce

Info

Later on in the year, Scrabble’s rather conservative reputation was challenged when the UK Championships was won by Mikki Nicholson, from Carlisle. She took the crown with the word “obeisant”, which scored 86 points.

Mikki Nicholson

5.) Multiple Choice Question

In May, David Cameron became the youngest prime minister since 1812. What was the age gap with Tony Blair, previous holder of that title?

Samantha and David Cameron One monthFive monthsA yearTwo years

6.) Multiple Choice Question

In May, pushchair maker Maclaren said it would compensate parents of children injured by the hinge mechanism of its buggies. What was the collapsible design’s inspiration?

Maclaren pushchair Spitfire undercarriageFormula One car suspensionTypical ironing board

7.) Multiple Choice Question

The mascots for London 2012 were unveiled in May. Can you remember which is Wenlock and which is Mandeville?

The Olympic mascots Wenlock left, Mandeville rightMandeville left, Wenlock right

8.) Multiple Choice Question

Sarah Ferguson was caught in a newspaper sting in May, offering to sell a businessman access to her former husband. What is Prince Andrew’s role?

Sarah Ferguson Ambassador-at-Large for International TradeSpecial Representative for International Trade and Investment

9.) Missing Word Question

* in Queen birthday blunder

MilkmanPhilipClinton

Info

Milkman Tony Fowler had planned to collect his gong – for services above and beyond delivering pints, such as reporting crime and helping pensioners remove stubborn pickle lids – dressed as a cow. He rowed back from this plan somewhat after advice from the Palace, forgoing the facepaint.

Milkman Tony Fowler

10.) Multiple Choice Question

A spat at the Glamour Awards between comedian James Corden and actor Sir Patrick Stewart started when Sir Patrick criticised the host for what?

James Corden and Sir Patrick Stewart Showing his stomachHaving his hands in his pocketSwearing

11.) Multiple Choice Question

The Glastonbury Festival was 40 in June, but that name didn’t come about until 1971. What was the first Glastonbury called?

Glastonbury A West Country WoodstockWorthy Farm FayrePilton Pop, Blues & Folk Festival

12.) Multiple Choice Question

There were tears as England were thrashed by Germany 4-1 in the last 16 of the World Cup in South Africa in June. Which team had the most shots on target?

England fans EnglandGermanyBoth the same

Answers

It is “islands mountain glacier”. The volcano still smoulders today and has become a major tourist attraction. It was no-one. The life-long Labour supporter, called a bigot by Gordon Brown, said recently the incident probably lost Mr Brown the election. David Miliband and his brother Ed, the new Labour leader, have both met her in person in the last few months. It’s the snow. The broadly accepted height of 8,848m (29,029 feet) was first recorded by an Indian survey in 1955. It measured the mountain’s snow cap, rather than the rock beneath it. Nepal had continued with this practice. It’s Beckham, which racks up 20 points. Beyonce gets 14 and Beatles nine. Until the rule change, a few proper nouns had been allowed, if in a word list based on the Collins dictionary. It was five months. Mr Cameron was 43 and Mr Blair four days short of 44. And for no bonus points, who has the 1812 record? It’s Lord Liverpool, who was 42, but William Pitt the Younger is the youngest ever, aged 24 in 1783. It was the spitfire undercarriage. Maclaren had been a member of the spitfire design team. The compensation was not an admission of liability, it said. It’s option 1 – Wenlock the Olympic mascot, on the left and Mandeville, the Paralympics mascot, on the right. If any football fans were considering what England’s World Cup 2018 mascot would be, they were getting ahead of themselves… He’s known as the UK’s Special Representative for International Trade and Investment. The Duchess of York said her ex-husband knew nothing of her cash-for-access attempt. It was Hillary Clinton. The US Secretary of State sent birthday greetings to the Queen a week early. Her official birthday was 12 June, although she turned 84 in April. He criticised Corden for having his hands in his pockets. The pair traded insults for a few minutes, with Sir Patrick saying he could see Corden’s belly from his seat. Cue a Corden belly flash. It was called the Pilton Pop, Blues & Folk Festival in its first year, after the Somerset village nearby. Muse, Gorillaz and Stevie Wonder headlined this year’s event. It was England, who had seven shots on target to Germany’s six. England also enjoyed more possession, and had a valid goal disallowed. But most onlookers would agree they were outclassed.

Your Score

0 – 3 : Vuvuzela hell

4 – 6 : Near miss

7 – 7 : Top scorer

And now for that all-important bonus question. In addition to the 12 questions above, we also pose a bonus question for each of the four parts of this quiz. That’s how we reach the magic total of 52 questions.

With each part of the quiz we publish photographs – the first and second of which are below. What is the link between the images over the four days? If you have an early hunch, tell us using the comments form below.

Mystery pictures

For a complete archive of past quizzes and our weekly news quiz, 7 days 7 questions, visit the Magazine page and scroll down.

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