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Associated Press Montana News Summary
Saturday, October 25th 2014 
AP-MT--Right Now/913
Latest Montana news, sports, business and entertainment

SUPREME COURT-ELECTIONS

Secretary of state files complaint over mailers

HELENA, Mont. (AP) — Montana Secretary of State Linda McCulloch has filed a complaint alleging election mailers sent as part of a research project violated four state laws.

McCulloch sent her complaint Friday to the state commissioner of political practices, which investigates allegations of campaign violations.

The mailers by Stanford University and Dartmouth College researchers use the state seal and rate whether the four nonpartisan Supreme Court candidates in this year's elections are liberal or conservative.

McCulloch's complaint says the mailers deceitfully give the impression the information was endorsed by her office.

She says the mailer appears to break three election laws that fall under the commissioner's jurisdiction, and a fourth prohibiting impersonation of a public servant.

Stanford University officials have said the project aimed to learn whether more information about candidates would result in greater voter participation.

US-NEWLYWED-MURDER-APPEAL

Woman guilty of pushing husband off cliff appeals

KALISPELL, Mont. (AP) — A Montana woman is appealing her conviction for killing her husband of eight days by pushing him off a cliff in Glacier National Park last year.

Jordan Graham's attorneys argue in an appeal filed with 9th U.S. Circuit Court of Appeals that prosecutors distorted and withheld evidence to convince jurors that Graham planned to kill Cody Lee Johnson on July 7, 2013.

Graham pleaded guilty to second-degree murder, which doesn't involve premeditation, just before closing arguments in her December 2013 trial. A judge rejected her motion to withdraw her guilty plea after she argued the government's request for a life sentence was an attempt to punish her for first-degree murder.

Graham was sentenced to 30 years in prison.

The appeal, filed Oct. 17, requests the conviction be reversed and Graham be tried for manslaughter.

CHRISTIAN SCHOOL FIRE

Arrest made after fire at Bozeman Christian school

(Information in the following story is from: Bozeman Daily Chronicle, http://www.bozemandailychronicle.com)

BOZEMAN, Mont. (AP) — A 25-year-old man is accused of starting a fire at Heritage Christian School in Bozeman in 2012 and again on Friday.

The Bozeman Daily Chronicle reports Zachary James Silflow was arrested Friday evening and charged with two counts of arson and two counts of burglary.

Lt. Ryan Stratman with the Gallatin County Sheriff's Office says Friday morning's fire was controlled in about 90 minutes, and officials say the damage was minimized because of the sprinkler and alarm system installed during the last remodel of the building.

School officials said rebuilding the gym and auditorium after the 2012 fire cost nearly $3 million, most of which was covered by insurance. Friday's fire was not as destructive.

CHILD SHOT-ARREST

Child's death charged as negligent homicide

POLSON, Mont. (AP) — A resident of the Lake County house where a 3-year-old boy was fatally injured by a gunshot to the abdomen has been arrested on suspicion of negligent homicide.

Lake County officials say 26-year-old Galen Hawk was arrested Friday. He has not appeared in court.

Undersheriff Dan Yonkin says the boy was shot Wednesday evening at a residence in the Ninepipes area between Ronan and St. Ignatius. He died at the hospital in Ronan.

Authorities have not said what circumstances led to the shot being fired, but they are calling it an accident. A small-caliber handgun was involved.

Sheriff's spokeswoman Karen Sargent says Hawk is not related to the boy.

BARRY BEACH

Attorneys file new petition in Barry Beach case

(Information in the following story is from: Great Falls Tribune, http://www.greatfallstribune.com)

GREAT FALLS, Mont. (AP) — Attorneys for Barry Beach, who is serving 100 years without the possibility of parole for the 1979 beating death of a high school classmate, are asking the Montana Supreme Court to order him resentenced with consideration for the fact that he was 17 at the time of the offense.

The Great Falls Tribune reports a petition filed Thursday argues Beach's sentence in the death of Kimberly Nees is the equivalent of a life sentence and is cruel and unusual.

A 2012 U.S. Supreme Court ruling requires sentencing judges to take into consideration that children have diminished culpability for crimes and greater prospects for reform.

In the alternative to resentencing, Beach's attorneys ask that the parole restriction be removed, allowing the parole board to determine whether he should be released. Beach has maintained his innocence.

PROSTITUTION-BAIL MONEY

Man guilty of prostitution-for-bail arrested

(Information in the following story is from: The Billings Gazette, http://www.billingsgazette.com)

BILLINGS, Mont. (AP) — A Billings man who was on probation for encouraging his girlfriend to sell sexual favors to raise his $500 bail after he was charged with assaulting her has been arrested for violating his probation in several ways, including not paying restitution to the woman.

The Billings Gazette reports 33-year-old David Earl Luginbuhl was arrested Tuesday on a warrant alleging he violated his probation by getting fired from a job at a Helena hotel after a co-worker complained he sexually harassed her. Prosecutors also say he used marijuana and went hunting and fishing without the proper permits and tags.

Luginbuhl appeared in District Court Thursday and faces a revocation hearing on Nov. 10. His bond is $40,000.

Luginbuhl was sentenced in June 2013 to five years with the Department of Corrections with two suspended for promoting prostitution.


Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Associated Press Montana News Summary
Friday, October 24th 2014 
Here is the latest Montana news from The Associated Press
HELENA, Mont. (AP) — A federal judge has rejected an effort by a Helena nonprofit to prevent the state from enforcing its campaign-finance laws. An attorney for Montanans for Community Development had said the group wanted to publish political ads without being required to identify its donors. Judge Dana Christensen ruled Wednesday that the interest of Montana voters in transparent political funding outweighs the minimal burden imposed by campaign disclosure requirements.

KALISPELL, Mont. (AP) — An appeal has been filed by a Kalispell woman found guilty of killing her husband eight days after their wedding by pushing him off a cliff in Glacier National Park. The Oct. 17 appeal argues that prosecutors distorted and withheld evidence in order to convince jurors that Jordan Graham had planned on killing Cody Lee Johnson on July 7, 2013. Graham pleaded guilty to second-degree murder.

HELENA, Mont. (AP) — Stanford University officials are apologizing for election mailers that arrived at Montana homes that are part of a research project conducted by political science faculty members. The "2014 Montana General Election Voter Information Guide" mailers carry the Montana state seal and rate how liberal or conservative the four nonpartisan candidates for state Supreme Court are.

MISSOULA, Mont. (AP) — The state DEQ is being sued over its decision to transfer a Clark Fork River wastewater discharge permit from a now-defunct pulp and paper operation to the buyer of the property, which hasn't stated any concrete plans for its use. The suit says the DEQ authorized M2 Green to discharge nitrogen and phosphorous into the Clark Fork River at a rate 30 to 40 times what they requested.


Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Associated Press Montana News Summary
Friday, October 24th 2014 
Here is the latest Montana news from The Associated Press
BILLINGS, Mont. (AP) — The Big Horn County sheriff's office is offering a $1,000 reward for information leading to whoever beat an 85-year-old Hardin man and left him for dead. Undersheriff Mike Fuss tells The Billings Gazette that Curtis Wilson was attacked in his home on Oct. 17 and is still hospitalized in Billings.

KALISPELL, Mont. (AP) — A Kalispell woman is appealing her conviction for killing her husband of eight days by pushing him off a cliff in Glacier National Park. Jordan Graham's attorneys argue that prosecutors distorted and withheld evidence in order to convince jurors that Graham had planned on killing Cody Lee Johnson on July 7, 2013. Graham pleaded guilty to second-degree murder just before closing arguments were to be held in her December trial. The appeal asks that the conviction be reversed and Graham tried for manslaughter.

BILLINGS, Mont. (AP) — Montana has applied for $40 million in federal grants to increase preschool opportunities for 16 communities, including eight on Indian reservations. Gov. Steve Bullock called the grant an opportunity to expand access to pre-kindergarten opportunities in high-needs areas. Montana does not currently allocate any state funding for preschool.

BILLINGS, Mont. (AP) — A Billings man who was caught leaving a house after an apparent burglary and offered the homeowner some heroin, has pleaded not guilty to burglary and drug possession charges. Prosecutors say the homeowner and his 7-year-old son came home on Oct. 4 to find Christopher Bittner leaving the house. Bitter was stopped nearby.


Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Associated Press Montana News Summary
Friday, October 24th 2014 
Here is the latest Montana news from The Associated Press
HELENA, Mont. (AP) — Stanford University officials are apologizing for election mailers that arrived at Montana homes that are part of a research project conducted by political science faculty members. The "2014 Montana General Election Voter Information Guide" mailers carry the Montana state seal and rate how liberal or conservative the four nonpartisan candidates for state Supreme Court are.

HELENA, Mont. (AP) — Facing mounting pressure, Republican U.S. House candidate Ryan Zinke says he is working to find and release a missing military record before the Nov. 4 election. Zinke says his staff is pressing the U.S. Navy to release a 1999 report that opponents say should show the circumstances in which he departed Navy SEAL Team 6.

HELENA, Mont. (AP) — A Helena man who was charged with binding a woman with duct tape and stealing her prescription medication has been convicted of burglary, robbery and criminal possession of dangerous drugs. Prosecutors say Andrew Segura took a strong prescription pain patch and a bottle of muscle relaxants. Sentencing is set for Dec. 4.

BUTTE, Mont. (AP) — Federal drug charges have been filed against a woman who fled the Anaconda hospital after she and her newborn tested positive for methamphetamine. The Montana Standard reports Michelle Yallup also faces a forgery charge for allegedly signing her sister's name when she checked into the hospital in Anaconda June 17.


Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Associated Press Montana News Summary
Friday, October 24th 2014 
A Billings woman with four state felony convictions for having posed as a nurse to get painkillers admitted doing it again, only this time she was charged in federal court.

Laurie G. Dukart, 54, pleaded guilty in U.S. District Court in Billings on Thursday to acquiring a controlled substance by fraud or deception.

During a hearing before U.S. District Judge Susan Watters, Dukart told the judge she posed as a nurse in a doctor’s office, called in three prescriptions in the names of other people and picked up the drugs at Wal-Mart.

Read more: http://billingsgazette.com/news/local/crime-and-courts/billings-woman-admits-posing-as-nurse-to-get-painkillers/article_1552f449-a90b-513d-9e5e-e85ea633a7c3.html#ixzz3H43Tg0Ei

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An 85-year-old man is recovering at St. Vincent Healthcare after he was beaten last week and “left for dead” inside his Hardin home.

Big Horn County Undersheriff Mike Fuss said Curtis Wilson, 85, of Hardin, was attacked at his home on Oct. 17.

That evening Wilson reportedly looked out his window about 10:30 p.m. after noticing a light and saw a white car by his house.

Moments later, Wilson heard a knock at his door. When he answered, a man, who appeared to be in his 20s or 30s, asked him for a bottle of water.

When Wilson turned around, Fuss said, presumably to respond to the request, the man immediately struck Wilson in the head.

Fuss said the man either punched Wilson or hit him with a board.

Wilson fell back and tumbled down the basement stairs onto the floor, where one or more attackers proceeded to beat him with a 2-by-4. At some point, Wilson lost consciousness.

The attacker or attackers reportedly stole a 42-inch flat-screen TV from the home before leaving.

“He was left for dead,” Fuss said.

When Wilson woke the next day, he called his friend and then notified law enforcement.

Wilson was taken to Big Horn County Memorial Hospital and then life-flighted to St. Vincent Healthcare, where he has been since.

Read more: http://billingsgazette.com/news/local/crime-and-courts/blogs/crime-watch/year-old-hardin-man-attacked-left-for-dead-inside-his/article_a3187dc4-47ed-5176-ac1c-05013a3ad8c9.html#ixzz3H43uurFj

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Several months after he allegedly murdered a local homeless man, transient Kevin Joseph Lino has been brought back to Missoula and is being held in the Missoula County jail pending $250,000 bail.

Lino was booked into the jail Wednesday morning and made an initial appearance in court Thursday afternoon, where he told Justice of the Peace Amy Blixt he had a Lowell, Massachusetts, mailing address and his physical address was “anywhere I go.”

In response to Blixt’s queries about his employment, Lino replied that he was self-employed as a dog trainer.

Deputy County Attorney Shawn Thomas requested the $250,000 bail amount on Lino's warrant to be continued.
http://www.themissoulian.com

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Associated Press Montana News Summary
Thursday, October 23rd 2014 
Here is the latest Montana news from The Associated Press
BILLINGS, Mont. (AP) — A 23-year-old Billings man is charged with breaking into a house owned by his grandmother, changing the locks and living there without permission. The Gazette reports Ryan Dennis Guy was arrested Tuesday after his grandmother reported him to police. Prosecutors say Guy was under the influence of drugs and had several warrants for his arrest.

GREAT FALLS, Mont. (AP) — A Cascade County jury has awarded $4.3 million in damages to a BNSF Railway employee who was injured in a 2011 train collision caused by a switching error. The Great Falls Tribune reports conductor Michael Schnittgen was injured when the train he was on crashed into a parked maintenance train due to a switching error. BNSF acknowledged it was negligent but questioned the extent of Schnittgen's injuries.

MINOT, N.D. (AP) — An Idaho truck driver convicted in a fatal crash in North Dakota has been sentenced to serve three years in prison. A jury in August convicted Clark Christensen of negligent homicide for the May 2013 crash that killed 21-year-old Megan Shoal, a Minot State University student from Plentywood, Montana.

HELENA, Mont. (AP) — A nonpartisan race for Montana Supreme Court is taking on a distinctly partisan edge. Challenger Lawrence VanDyke is trying to cast Justice Mike Wheat as a liberal activist judge. Wheat says the money battle is a sad sign.


Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Associated Press Montana News Summary
Thursday, October 23rd 2014 
Here is the latest Montana news from The Associated Press
MINOT, N.D. (AP) — An Idaho truck driver convicted in a fatal crash in North Dakota has been sentenced to serve three years in prison. A jury in August convicted Clark Christensen of negligent homicide for the May 2013 crash that killed 21-year-old Megan Shoal, a Minot State University student from Plentywood, Montana.

SIDNEY, Mont. (AP) — A Colorado man pleads guilty to the 2012 murder of Sidney teacher Sherry Arnold. A charge of attempted kidnapping against Michael Spell was dropped under a plea agreement. Prosecutors are recommending a 100-year sentence. Spell admitted that he and an accomplice killed Arnold. The accomplice also pleaded guilty.

GREAT FALLS, Mont. (AP) — A consultant for the Blackfeet Indian tribe has been sentenced to five years in prison and was ordered to pay $1.7 million in restitution after his conviction on fraud charges. Prosecutors alleged Gary Conti stole funds and kicked back $225,000 to leaders of the Po'Ka Project.

HELENA, Mont. (AP) — A nonpartisan race for Montana Supreme Court is taking on a distinctly partisan edge. Challenger Lawrence VanDyke is trying to cast Justice Mike Wheat as a liberal activist judge. Wheat says the money battle is a sad sign.


Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Associated Press Montana News Summary
Thursday, October 23rd 2014 
Here is the latest Montana news from The Associated Press
SIDNEY, Mont. (AP) — A Colorado man has pleaded guilty to the 2012 murder of a Montana teacher in an oil boom town where residents say their lives were forever altered by the crime. Prosecutors are recommending a 100-year sentence for Michael Spell. They want Spell to serve his time in prison. Attorneys for Spell want the mentally disabled 25-year-old from Parachute, Colorado, committed to a state institution for the disabled.

GREAT FALLS, Mont. (AP) — A consultant for the Blackfeet Indian tribe who was convicted in a multi-million dollar fraud case as well as bankruptcy fraud has been sentenced to five years in prison and was ordered to pay $1.7 million in restitution. Prosecutors alleged the defendant stole money from the program and falsified invoices to make it look like the tribe was contributing its share to the program to keep the federal money coming in.

BILLINGS, Mont. (AP) — A 38-year-old Billings man has pleaded guilty to shooting at a fast-food worker and a police officer in an agreement that calls for a 55-year prison sentence. Prosecutors say Justin Delacruz demanded money from a Sonic Drive-in employee early July 6 before opening fire.

MISSOULA, Mont. (AP) — A 43-year-old Missoula man who tried to make his girlfriend cut a tattoo of his name off her chest and then beat her unconscious has been given a deferred sentence, even though the judge said he doesn't think he can remain law abiding for three years. The Missoulian Joe Gallegos pleaded guilty. Gallegos must register as a violent offender.


Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Associated Press Montana News Summary
Thursday, October 23rd 2014 
Latest Montana news, sports, business and entertainment
MONTANA TEACHER KILLED

Colorado man pleads guilty to oil patch murder

SIDNEY, Mont. (AP) — A Colorado man has pleaded guilty to the 2012 murder of a Montana teacher in an oil boom town where residents say their lives were forever altered by the crime.

Montana District Judge Richard Simonton on Wednesday accepted the guilty plea from Michael Keith Spell on a count of deliberate homicide. A charge of attempted kidnapping was dropped under a plea agreement.

Prosecutors are recommending a 100-year sentence. They want Spell to serve his time in prison.

Attorneys for Spell want the mentally disabled 25-year-old from Parachute, Colorado, committed to a state institution for the disabled.

Spell admitted that he and an accomplice killed Sherry Arnold during an attempted abduction as the 43-year-old Sidney High School math teacher was out for a pre-dawn jog. The accomplice pleaded guilty last year and is awaiting sentencing.

BLACKFEET CHILDREN-EMBEZZLEMENT

Blackfeet consultant sentenced for kickbacks

GREAT FALLS, Mont. (AP) — A consultant for the Blackfeet Indian tribe who was convicted in a multi-million dollar fraud case as well as bankruptcy fraud has been sentenced to five years in prison and was ordered to pay $1.7 million in restitution.

Gary Joseph Conti of Three Forks was sentenced Wednesday by U.S. District Judge Brian Morris in Great Falls to five years on each of 29 counts, to run concurrently.

Prosecutors alleged Conti received $475,000 over a three-year period as a consultant to a federally funded program for troubled youth and kicked back $225,000 to Francis Onstad and Delyle "Shanny" Augare, leaders of the Po'Ka Project.

Prosecutors alleged the defendants stole money from the program and falsified invoices to make it look like the tribe was contributing its share to the program to keep the federal money coming in.

TRIBAL THEFT

Former tribal health director sentenced to 1 year

HELENA, Mont. (AP) — A federal judge has sentenced the former head of the Rocky Boy's Indian Reservation's health care system to a year in prison for using tribal money to visit her husband while he was in federal prison for stealing tribal money.

U.S. District Judge Brian Morris of Great Falls also ordered Fawn Tadios to pay $15,000 in restitution during her sentencing hearing Tuesday.

A jury convicted Tadios on three counts of theft in June.

Prosecutors say Tadios used federal money meant for the tribal health department to visit former Chippewa Cree chairman Jake Parker, Jr., in prison in South Dakota. Parker was given a 16-month sentence in November 2011 after pleading guilty to putting $59,000 in personal charges on a tribal credit card. He also was ordered to pay restitution.

SUPREME COURT-ELECTIONS

Supreme Court race takes on partisan edge

HELENA, Mont. (AP) — A nonpartisan race for Montana Supreme Court is taking on a distinctly partisan edge.

Challenger Lawrence VanDyke is trying to cast Justice Mike Wheat as a liberal activist judge. VanDyke's Republican backers are pouring tens of thousands of dollars into ads to support that message.

Wheat and his supporters in turn have taken to the airwaves with their own ads in the type of election that is often an afterthought on the ballot.

Wheat says the money battle is a sad sign that the U.S. Supreme Court's 2010 Citizens United decision that allowed increased corporate spending in federal elections has arrived at the state's down-ticket races.

Wheat is campaigning to keep the seat he was appointed to in 2010 by then-Gov. Brian Schweitzer. VanDyke is the former state solicitor general.

OFFICER INVOLVED SHOOTING

Man pleads guilty to shooting at worker, officer

BILLINGS, Mont. (AP) — A 38-year-old Billings man has pleaded guilty to shooting at a fast-food worker and a police officer who responded to the shooting in an agreement that calls for a 55-year prison sentence.

Justin Wesley Delacruz pleaded guilty Wednesday to two counts of attempted deliberate homicide with a weapons enhancement along with felony robbery, criminal endangerment and possession of meth.

Prosecutors say he demanded money from a Sonic Drive-in employee early July 6, fired shots at the employee and then shot through the windshield of a responding officer's car. The two men engaged in a shootout that ended when Delacruz's gun jammed and he threw the weapon.

Police Chief Rich St. John has said Delacruz had been drinking and smoking PCP-laced cigarettes and had meth in his possession.

Delacruz has been jailed on $1 million bail since his arrest.

TATTOO CUTTING THREAT

Man gets deferred sentence in domestic assault

(Information in the following story is from: Missoulian, http://www.missoulian.com)

MISSOULA, Mont. (AP) — A 43-year-old Missoula man who tried to make his girlfriend cut a tattoo of his name off her chest and then beat her unconscious has been given a deferred sentence, even though the judge said he doesn't think he can remain law abiding for three years.

The Missoulian reports District Judge Dusty Deschamps sentenced Joe Rene Gallegos Tuesday, giving him credit for 86 days he's spent in jail since his arrest in late July.

Gallegos pleaded guilty to felony partner assault and assault with a weapon.

Prosecutors say Gallegos and his girlfriend were arguing over a Facebook post made by Gallegos' ex-wife and Gallegos got violent when the girlfriend said she was leaving him.

Gallegos must register as a violent offender, stay away from the victim as well as alcohol, illegal drugs, guns and gambling.

PLENTYWOOD FATAL

Woman dies in crash near Plentywood

BILLINGS, Mont. (AP) — A 34-year-old woman died in a two-vehicle crash on Montana Highway 5 in northeastern Montana.

Sheridan County Coroner Dave Fulkerson identified the victim as Julia Perkins. He told The Billings Gazette that Perkins had a Nebraska driver's license but her family was contacted in West Des Moines, Iowa.

The Montana Highway Patrol says Perkins was driving eastbound near Plentywood at about 6:10 p.m. Tuesday when she abruptly hit the brakes. Her car slid into the westbound lane and collided with a car driven by a 46-year-old man from Webster, North Dakota.

Perkins died at the scene. Her passenger, a man in his 30s, was ejected from the vehicle. Both he and the North Dakota man were taken to the hospital in Plentywood.

Fulkerson says Perkins had some medical conditions that could have contributed to the crash.

CAR HITS BOY

Helena boy struck by car, injured

(Information in the following story is from: Independent Record, http://www.helenair.com)

HELENA, Mont. (AP) — Police in Helena say an 8-year-old boy was struck by a vehicle in a crosswalk and the driver was cited for failure to yield.

Lt. Torey Keltner says the boy was upset and crying when emergency responders arrived and he was taken to the hospital. His condition was not immediately known.

The Independent Record reports the boy, his mother and sister were crossing the street on a green light Tuesday afternoon when a car turned and struck the boy.

Police say the driver of the vehicle initially intended to go straight through the intersection, but decided to turn right due to the high volume of traffic. The driver was cited for failing to yield the right of way to a pedestrian in a crosswalk.

POLICE DOG EUTHANIZED

Police dog euthanized after biting officers

GREAT FALLS, Mont. (AP) — A Great Falls police dog has been euthanized after unprovoked attacks on three officers.

Police Chief Dave Bowen says the K-9 Shep was removed from duty recently after biting his new handler.

Shep was then returned to his original handler's home, but continued to show aggressive behavior toward the handler and his family.

Bowen says Shep bit his handler on Friday and then bit another officer.

He says the attacks were out of character for Shep, who had been on duty for about three years. Two of the officers went to the emergency room for treatment. All three are recovering, with one still on light duty.

There are no immediate plans to replace Shep. The department has two other K-9 units.


Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 
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