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DEWEY
PUBLICATIONS, INC.
2021
American Civil Service Law Series
These three annually updated case digests, along
with the Merit Systems Protection Board Case
w Summaries, Consolidated Federal Sector EEO
No able Update, and Principles of Federal Sector Arbitration
American Civil American Civil American Civil
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Service Law Service Law Service Law Law books and Federal Sector EEO, Civil Service,
Series Series Series
and Labor Relations Reference Materials, are the
2021 Edition 2021 Edition 2021Edition .p oad
l standard reference tools for federal civil service
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A GUIDE TO FEDERAL SECTOR
practitioners in OGC, personnel, civil rights, and
do
A GUIDE TO FEDERAL LABOR
A GUIDE TO MERIT SYSTEMS
labor relations offices of the government, unions,
and private law firms.
RELATIONS AUTHORITY
EQUAL EMPLOYMENT
PROTECTION BOARD
The tens of thousands of decisions analyzed by these digests explain
LAW AND PRACTICE
LAW AND PRACTICE
LAW AND PRACTICE
statutes, regulations, executive orders, internal operating instructions,
and policies governing the MSPB, EEOC, FLRA, and federal-sector labor
arbitration. The books are written by lawyers who have been involved in
litigation before these agencies and arbitrators for many years and who
teach related seminars.
Books include a table of contents, case table, index, and glossary. All pdf
formats include links cross-referencing to the text and to external web
Broida Davis Broida sites. Major cases are linked to web sites.
Hadley
Founding Author Visit us online for expanded descriptions of the American
Dewey Dewey Dewey Civil Service Law Series and related products, including the
Publications Inc. Publications Inc. Publications Inc.
table of contents and text samples for each book.
deweypub.com/acsls
Tw
A Guide to Merit Systems Protection Board Law and Practice, Vol o
um
Thirty-Eighth Edition Peter Broida Set e
In two volumes, this encyclopedic guide to Board and court cases, laws, procedure, and litigation
practice is the seminal text on this complex area of the law. The 2021 edition includes analysis of
2020 and early 2021 decisions of the courts, and major developments in 2020.
Major topics include:
• jurisdiction • reduction in force and furloughs
• appeals, discovery, hearings, and evidence • prohibited personnel practices and discrimination
• initial decisions and petitions for review • retirement and reemployment
• adverse actions, burdens of proof, nexus, • settlement, remedies, and enforcement
mitigation, and substantive offenses • attorney fees
• performance cases • judicial review
• harmful error and due process • research, reference materials, and forms
New in 2021
• IRA coverage of EEO matters; • nexus determinations;
• use of OPM background investigations • probationary appointments and American Civil
American Civil
in adverse actions; reappointment authority;
Service Law Series
Service Law Series
aaGG
u i de t o
• contract procedural requirements in • swipe records in AWOL cases; MM
u i de t o
er it S ySteMS
er it S ySteMS
adverse action arbitration; • OIG investigations and the PP
rotection B oa r d
rotection B oa r d
L aw P r a c t ice
• evidentiary privilege for comments of hearsay rule; L awa nd
a nd P r a c t ice
union officials; • retaliatory investigation raised in
• disciplinary actions based on texted IRA appeal; P e t er Broi d a
P e t er Broi d a
off-duty comments; • IRA elections of remedies for 2021
2021
Volume I
• IRA jurisdictional analysis; supervisors and under labor
Volume I
• SES informal hearings; contract grievances;
• Schedule F appointments; • Biden Executive Order
5,314 pages/2021
deweypub.com/mspbguide
Books or eBook: $725 Combo pricing available online
2 www.deweypub.com
American Civil Service Law Series
A Guide to Federal Sector Equal Employment Law and Practice,
Thirty-Fourth Edition Natania M. Davis and Ernest C. Hadley, Founding Author
Updated annually, the EEO Guide offers the most comprehensive analysis of federal sector EEO decisions,
litigation practice, statutes, regulations, policies, guidance, and practical advice available to practitioners.
Major topics include:
• jurisdiction • hearings, discovery, summary • reprisal and personnel actions
• pre- and formal complaint judgment, final agency • class actions
processes actions, and appeals • remedies
• investigation and settlement • theories and bases of • EEO alternatives
of complaints discrimination • attorney fees and
• disabilities and GINA representatives
New in 2021
American Civil
With analysis of 2020 and early 2021 decisions from the EEOC, OFO, and circuit Service Law Series
courts, and major developments during 2020, this edition includes new material on: a g u i DE
F EDEral s ECtor
to
• Supreme Court Decision covering transgender and • alphabetically arranged E qual E MployMENt
l aw p r a C t iCE
sexual orientation statuses under Title VII
a ND
subheadings for easy
• service animals searching
• COVID-19 Sections • chart of circuit court cases N a t a N i a M. D a v i s
ErNEst C. HaDlEy
• guidance on disparate treatment analysis for from 2000-2020 arranged FouNDiNg autHor
2021
disabilities by topic
1,994 pages/2021
deweypub.com/eeoguide
Books or eBook: $725 Combo pricing available online
A Guide to Federal Labor Relations Authority Law and Practice,
Thirty-Fourth Edition Peter Broida
Updated annually, the FLRA Guide is a complete research tool on unit determinations, negotiability
and the collective bargaining process, unfair labor practices, and arbitration. The 2021 edition includes
analysis of 2020 and early 2021 decisions of the FLRA and the courts, and major developments during 2021.
Major topics include: • jurisdiction • the Federal Service Impasses Panel
• unit determinations and elections • ULPs and remedies
• labor organizations • review of arbitration awards
• negotiability procedures • administrative reconsideration and
• negotiability determinations judicial review
New in 2021
• Biden Executive Order; • arbitration standards for evaluation of American Civil
• official time and carve out doctrine; past discipline; Service Law Series
• bargaining: conditions of employment • how related events affect grievance/ a G u i de
F ederal l aBor
to
and working conditions; EEO filing elections and ULP/grievance r elations a uthority
• rollover contracts; elections; l aw a nd P r a c t ice
• de minimis test for substantive and • evidentiary privilege for comments of
impact bargaining; union officials;
P e t er Broi d a
• official time for lobbying; • definition of “award” for FLRA review;
• deference to arbitrators’ contract • impact of government-wide
2021
interpretation; regulations on termination of
• requirements of negotiability appeals; contracts of fixed duration
2,564 pages/2021
deweypub.com/flraguide
Books or eBook: $725 Combo pricing available online
ACSLS Reference Materials— 2021
Join our email list at
Simplify research using this annually updated one-stop source for deweypub.com/email
many frequently used materials from the EEOC, FLRA, and MSPB. and receive a coupon
code for a free Reference
.pdf download: $30 deweypub.com/rm Materials download.
Phone: 703-524-1355 orders@deweypub.com 3
2021 ACSLS Related Products
Merit Systems Protection Board Case Summaries, Twelfth Edition
Peter Broida and Natania M. Davis
MERIT SYSTEMS PROTECTION BOARD
CASE SUMMARIES
Updated annually, this guide condenses MSPB and Federal Circuit decisions from 1999 P
M S
B
erit ystems
rotection oard
through early 2021 into concise summaries. Cases are arranged by subject matter C S ase ummaries
areas of Board jurisprudence and further categorized alphabetically. A detailed Index Twelfth Edition
2021
Peter Broida
Natania M. Davis
and Table of Cases make research easy. Also included is a free Reference Materials Broida
Davis
download, containing MSPB statutes and regulations, the WPEA, and PPD-19. Topics Twelfth
Edition
include:
2021
Dewey
• adverse and • defenses judicial review
Publications, Inc.
• RIFs
performance actions • discrimination • prohibited personnel • settlements
• arbitration/collective • evidence practices • substantive offenses
bargaining issues • hearings • retirement • timeliness
• attorney fees • harmful error • reemployment • USERRA
• Board procedure • jurisdiction and • remedies • VEOA
Appx. 700 pages and Reference Materials download/2021 deweypub.com/mscs
Books or eBook: $250 Combo pricing available online
Consolidated Federal Sector EEO Update 2004-2021, Twelfth Edition
Gary M. Gilbert and Deryn A. Sumner
Updated annually, this comprehensive text digests notable Commission and federal court employment
discrimination cases from 2003 through early 2021 and reviews EEO laws, regulations, guidance, and
recent trends that are arranged by subject matter areas of employment discrimination. An in-depth
Index and Table of Cases makes this text an indispensable research tool. Major topics include:
• bases of discrimination • class actions • harassment
• compensatory damages • mixed cases • reprisal
Consolidated Federal seCtor
eeo UPdate
and remedies • hearings, evidence, • summary judgment
2004–2021
C onsolidated
F s • appellate review
ederal eCtor
and procedures • timeliness
eeo UPdate
2004-2021 • attorney fees • settlement
Gilbert
Sumner
Appx. 1,200 pages/2021
Dewey
Books or eBook: $250
Gary M. Gilbert
deweypub.com/ceup
Combo pricing available online
Publications, Inc.
Deryn A. Sumner
MSPB Charges and Penalties: A Charging Manual,
MSPB CHARGES AND PENALTIES
Thirteenth Edition
2021
Thirteenth Edition
A Charging Manual
I ES
LT
Renn C. Fowler and Samuel A. Vitaro
A
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PE
u al
D
an
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With an administration change and a new Board, close scrutiny of charges and strict
M
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g
in
ES
compliance with Douglas is expected. Now is the time to brush up on charging correctly·
rg
RG
ha
Fowler
C
A
Vitaro
and learn how to avoid common errors. Nothing is more important than the agency
A
H
Thirteenth
Edition
C
2021
Renn C. Fowler
charge. Appellant’s don’t win—agencies lose by mischarging.
Dewey
Publications, Inc.
Samuel A. Vitaro
This manual is the bible on adverse action charges, charge drafting, proof requirements and elements,
defenses to each charge, due process notice issues, and penalties. Part I is a close cousin to a military
charging manual, listing virtually all charges, their nuances, elements and proof requirements, the
prominent cases won and lost on each charge, as well as the pros and cons, pitfalls, and defenses on
each charge. Part II details how to select and draft charges and how to avoid charging errors, including
tips on using easy-to-prove charges. Part III covers the Douglas factors, penalty deference, how to
make a penalty showing, and how to avoid penalty missteps. Both Parts II and III offer extensive
discussion on providing clear notice, distinguishing between constitutional and statutory violations, as
well as tips on avoiding common due process traps. A key feature of these two parts: each chapter
provides at its start and conclusion Quick-Guides in bullet form containing the essentials of that
chapter. These comprehensive checklists are a must-know for counsel (agency and private), union
representatives, and HR personnel. Part IV “How to Do It (In Real Time)” illustrates how to apply the
tips and techniques explained throughout the book. Part V covers AJ initial decisions, many of which
show trends of what’s happening right now. And finally, Part VI details affirmative defenses usually
invited by certain charges.
Appx. 1200 pages/2021 deweypub.com/mscp
Books or eBook: $275 Combo pricing available online
4 www.deweypub.com
New 2021 Editions
Principles of Federal Sector Arbitration Law, Seventh Edition
Peter Broida
With its one-of-a-kind approach to digesting arbitration awards by major topics and
keying each award to the issuing arbitrator, Principles allows practitioners to easily
research arbitrator’s awards to assist in case preparation and arbitrator selection.
Principles of Arbitration also includes an index cross-referencing arbitrators to the
awards they have issued. Practitioners rely on this book to learn the experience level
of the arbitrator they are considering for selection, to gain better insight on how that
arbitrator has ruled on similar issues, and to research awards by that arbitrator or
other arbitrators on issues being decided.
389 pages/2021
deweypub.com/poa
Book or eBook: $250 Combo pricing available online
Labor Arbitration Practice for the Federal Sector, Third Edition
Carl C. Bosland
Third
Edition
This comprehensive handbook on the labor arbitration process provides advocates,
Labor Arbitration
Practice for the both union and management, with practical guidance and best practices to effectively
Federal Sector
prepare and present their case to a neutral arbitrator. Chapters are organized to
L abor Arbitration Practice for the Federal Sector
Third Edition
follow the sequence of the arbitration process, from prehearing investigation through
posthearing appeals of the award. Major topics include advocate selection, case
investigation and evaluation, arbitrator selection, case preparation, prehearing
practice, witness selection and preparation, hearing specifics: opening statements,
Carl C. Bosland creating a record, witness testimony, direct examination, cross-examination, exhibits,
closing arguments, and post-award practice.
Bosland
Appx. 200 pages/2021 deweypub.com/lap
Book or eBook: $250 Combo pricing available online
Federal Sector Disability Discrimination Law Deskbook, 2021
Eighth Edition
Eighth
Edition
F eder al Sector
diSabilit y
Gary M. Gilbert and Deryn A. Sumner diScrimination
d iSabili t y d iScr imi nat ion l aw
l aw
F e de r a l S e c t or
deSk book
d eSk book
Disability Deskbook is an extensive compilation of cases interpreting the Rehabilitation
2021
eighth edition
Act, ADA, ADAAA, and other statutes and implementing regulations and is updated and
Gary M. Gilbert
Deryn A. Sumner
expanded on all disability-related topics. The 2021 edition contains expanded discussion Gilber t
·
on: requests for telework and service animals in the workplace as a reasonable
Sumner
accommodation and lawful versus unlawful fitness for duty examinations.
DEWEY
Publications,
Inc.
Major topics include: the ADA, specific impairments, major life activities, record of having such an
impairment, regarded as having a disability, reasonable accommodation, “qualified individual with a
disability,” undue hardship, direct threat defense, disability-related inquiries, and good faith defense.
Appx. 400 pages and Reference Materials download/2021
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Compensatory Damages and Other Remedies in Federal Sector
Employment Discrimination Cases, Thirteenth Edition COMPENSATORY
Discr imination Cases
In Federal Sector Employment
and Other Remedies
Compensatory Damages
Gary M. Gilbert and Deryn A. Sumner
DAMAGES
A ND OTH ER
REMEDIES
In Federal Sector
Compensatory Damages presents an in-depth examination of damages available before
Employment
Discrimination Cases
the EEOC, MSPB, and federal courts as they relate to discrimination cases. The authors
review significant developments and case law affecting damages awards and analyze
recent trends. The Thirteenth Edition includes case summaries through early 2021
Thirteenth Thirteenth Edition
Edition 2021
2021
DEWEY
Gilbert Gary M. Gilbert
including: the latest decisions from the OFO awarding nonpecuniary and pecuniary
Publications, Inc.
Sumner Deryn A. Sumner
compensatory damages; expanded discussion on back pay as a remedy; discussion of
factors considered by the Commision in awarding attorney fees and costs.
Appx. 850 pages/2021
deweypub.com/cdor
Books or eBook: $250 Combo pricing available online
Phone: 703-524-1355 orders@deweypub.com 5
New in 2021
Security Clearance Law and Procedure, Fifth Edition
Elaine L. Fitch and Mary E. Kuntz
EDITION
FIFTH
This guide closely examines security clearance law and procedures, offering
SECURITY CLEARANCE
Law and Procedure
SECURITY
representatives a comprehensive analysis of case law, directives, adjudicative CLEARANCE
L aw and
guidelines, regulations and statutes. There have been many changes in the security P rocedure
clearance arena including realignment of the NBIB into the DCSA; DOD’s memo Fifth Edition
FITCH
streamlining security clearance practices; DOHA decisions addressing CBD; the Trusted
·
Dewey
KUNTZ
Publications, Inc. Elaine L. Fitch
Mary E. Kuntz
Workforce 2.0 Initiative; SEAD-6 addressing continuous evaluation procedures; SEAD-
2 governing polygraph use; and SEAD-8 addressing temporary or interim eligibility for a clearance; and
the addition of MSPB, EEOC, and Department of Energy decisions pertaining to security clearances.
Major topics include the history of security clearances, administrative procedures, hearing and personal
appearances procedure, criminal procedure, the polygraph, appeals, case analyses, and noteworthy
court cases.
Appx. 450 pages/2021 deweypub.com/sclp
Books or eBook: $250 Combo pricing available online
Federal Sector Harassment Law, Second Edition
Second Edition
Ernest C. Hadley and Natania M. Davis FEDERAL
SECTOR
FEDERAL SECTOR HARASSMENT LAW
HARASSMENT
Newly updated, this valuable text provides comprehensive coverage of harassment law LAW
based on sex, race and color, religion, disability, national origin, age and reprisal. The
history of harassment law is rooted in sexual harassment law and cases. Each chapter SECOND EDITION
begins with that history and then explains what the law is today and how it differs for Natania M. Davis
the various bases. Case law examples and analyses are provided throughout from the
Davis • Hadley
Dewey
Publications, Inc.
Ernest C. Hadley
EEOC, the Office of Federal Operations, and the courts; EEO enforcement guidance;
EEO policy guidance; statutes and regulations.
New and major topics include: Supreme Court and Commission cases on sexual orientation and
transgender status, the intersection of harassment and social media, 2021 guidance on religious
discrimination, prompt agency actions, marital status, tangible employment actions, timeliness, nature
of conduct, basis of conduct, severe and pervasive conduct, liability for harassment, and avoiding liability.
Appx. 250 pages/2021 deweypub.com/fshl
Book or eBook: $225 Combo pricing available online
Damages in Federal Sector Whistleblower Cases, First Edition
Renn C. Fowler
This new guide is a succinct analysis of decisions from AJs and MSPB or the Federal
Circuit awarding damages in whistleblower cases. Each case analysis includes a
description of controlling facts, including the type of harm—pecuniary, emotional,
distress, medical expenses, or losses in investments—and the amount awarded. Stay
ahead in this uncharted area with this valuable guidance. Major topics include: the
regulatory, statutory framework; the basics of remedies (consequential, compensatory,
pecuniary, nonpecuniary); using discovery, assessing remedy availability, calculating exposure; how to
document and prove; how to defend; causation; foreseeability.
Appx. 200 pages/2021
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Book or eBook: $225 Combo pricing available online
Adverse Actions and Performance-Based Actions:
Second Edition
Adverse Actions
Process, Law and Cases, Guidance, and Pitfalls, and
Performance-Based
Actions
Second Edition
Adverse Actions and Performance-Based Actions
Process, Law and Cases,
Guidance, and Pitfalls
Renn C. Fowler and Samuel A. Vitaro
Performance
Appraisal System
Process
Performance Disciplinary
Standards Policy Judicial
Final Regulations Review
Investigation
Appeal Performance Improvement Opportunity
Decision Charge
R eply
Proposal
Guidance
MSPB Arbitration EEO
This text guides practitioners, HR specialists, and supervisors and managers through the
Adverse Actions
Dewey Critical Elements Laws
Publications, Inc.
Grievance
complexities of adverse and performance-based actions with discussion of the governing
Second Edition
Fowler • Vitaro
statutes, regulations, and cases from the MSPB and Federal Circuit, and practical advice, Renn C. Fowler
Samuel A. Vitaro
strategies, and best practices for navigating these disciplinary processes.
474 pages/2021 deweypub.com/aapa
Book or eBook: $160 Combo pricing available online
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New in 2021
The Federal Supervisor’s Guide to Ethics, Rules, and Responsibilities,
Second Edition
Michael Corum
This new edition covers the legalities and practicalities of ethical issues by providing
The Federal SuperviSor’S Guide To eThicS, ruleS, and reSponSibiliTieS
The Federal SuperviSor’S
Guide To
eThicS, ruleS, and more than a recitation of ethics laws and regulations, but providing usable guidance
reSponSibiliTieS in lay terms with sufficient examples from real cases to give supervisors confidence in
recognizing and handling ethical issues. Major topics include: the basic sources of ethics
Second Edition Michael Corum
ne
rules in federal service, ethical issues supervisors face and how to handle them, and
discipli
RIGHT MORALS ination
legality discrim
WRONG
DISPUTE conflict
S
Second Edition
how to enforce the rules and deal with violations to avoid the most common mistakes
agencies make in handling ethics violations.
Corum
Appx. 100 pages/2021
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EEO for Federal Management: A Handbook for Managers, EEO fOr fEdEral ManagEMEnt
Supervisors, and HR and EEO Staffs, First Edition
EEO FOR FEDERAL MANAGEMENT
A Handbook for Managers,
Supervisors, and HR and EEO Staffs
Dewey Publications, Inc.
Michael Corum Michael Corum
Corum
This new handbook guides federal managers, supervisors, and HR and EEO Staffs
through the intricacies of discrimination law and demystifies the potential impact of
EEO laws on personnel management decisions. Major topics include nondiscrimination
laws governing federal employees; protected categories and theories of discrimination;
proving discrimination; dealing with complaints of nonselection, disciplinary actions,
reprisal, and harassment; EEO issues in common workplace situations; and settling EEO complaints.
Appx. 250 pages/2021
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Book or eBook: $100 Combo pricing available online
Supervisor’s Guide to Litigation and Dispute Resolution,
Second Edition
Michael Corum
Now in it second edition, this handbook guides federal supervisors and managers
Second Edition
Supervisor’s Guide to
Litigation and Dispute
through the administrative and judicial tribunals and procedures used by employees
Supervisor’s Guide to Litigation and Dispute Resolution
Resolution and employee unions to contest agency actions. It distinguishes supervisory actions that
Second Edition can be challenged and those that cannot. The text also provides guidance for avoiding
litigation or minimizing its impact in the workplace. Major topics include: the basics of
appeals and grievances, internal agency systems, external mechanisms, and actions
Michael Corum that employees can challenge.
Corum
Appx. 100 pages/2021 deweypub.com/ladr
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Settlement Forms for MSPB and EEOC Federal Personnel
Litigation, Third Edition
THIRD EDITION
Third Edition
The settlement is no better than
Peter Broida SETTLEMENT
SETTLEMENT FORMS FOR MSPB AND EEOC FEDERAL PERSONNEL LITIGATION
the written agreement.
FORMS
for MSPB and EEOC
Litigation of EEO complaints, MSPB appeals, and grievances is often resolved through Federal Personnel
Litigation
settlement. This Third Edition expands on the first two editions, providing advice on DEWEY
Publications, Inc.
settlement techniques and principal provisions. The main focus is on sample settlement
clauses: introductory recitations; conditions of ongoing employment; cancellation or Peter Broida
BROIDA
rescission of personnel actions; accommodation; training; reassignment and details; Settlement3 cover.indd 1 6/24/2021 3:57:56 PM
leave; performance; priority consideration; clean paper; last chance and abeyance; resignation and
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future claims and litigation; confidentiality; voluntariness; enforcement; OWBPA protections and waivers;
construction of agreement; binding effect; litigation files; agreement formalities.
Appx. 200 pages/2021 deweypub.com/sfme
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Phone: 703-524-1355 orders@deweypub.com 7The eBooks Advantage
Dewey’s full inventory of books is available for purchase as .pdf eBooks. An eBook is the digital
media equivalent of a conventional printed book.
• All eBooks are available for instant download, providing users immediate access to the text. All
eBooks are also available on cd-rom or usb stick.
• The eBook can be read on any device that can display a .pdf file and depending on the device,
users can adjust the text, search for cases or topics, copy and paste text, and add bookmarks.
• Hyperlinks allow users to navigate between links within the book or link to external websites for
cases, forms, and guidance.
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bulletins feature recent developments hosted by Peter Broida. Approximately
in federal civil service law and 10 times a year Peter will discuss several
announcements about new Dewey new decisions from the MSPB, FLRA, their
Publications titles and sales. reviewing courts, and occasionally EEOC.
deweypub.com/email deweypub.com/podcast
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