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  1. My niece and her boyfriend both drug addicts and they just had a baby in November 2018, my niece also has a 2 yr old child from the previous relationship. My sister had been caring for that child and she goes out of state with her father and his family several times a year. When niece was giving birth to second child drugs was in the system and in the baby so the hospital called cps worker came and put an infant in maternal grandmother care. Baby stayed in the hospital for 12 days to withdraw off drugs and then discharge home to the maternal grandmother .two weeks later when the baby was two weeks old grandmother and niece called aunt me to take baby they can't care for baby with drugs and a possible Disabilities called in a panic , seen like grandmother was having a breakdown so I rushed over got baby she grandmother called the worker and explained to them you get baby put in foster care or can I give to my sister me.cps worker advised yes just have her file legal guardianship so grandmother went and got me a packet and everyone was in consent and happy the baby was going to be cared for, till tax returns time .on 1/26/19 I get calls demanding baby SSN card do niece on drugs can buy car not baby items a car I said no you need rehabilitation so it got messy and all of them went to my hearing objecting guardianship and lies were told so court left child in my care temporary till evidence hearing in April .evidence hearing I proved to be suitable and met all my factors plus some , but court gave child to grandmother with strong concerns cause sibling .i explained that my new few who lived in grandmother home molested a child when he was teen court did not explore, I explained grandmother lifestyle and leaves kid with new few and at times with niece the natural mother who an addition. Drug use unsupervised. Court still have baby and I lost temp guardianship and have not seem or talk to baby I. 30days grandmother been refusing my calls text and changed her phone .now grandmother been having a affair with a married man for six years and the wife knows , she blames me for that .when grandmother came to pick baby up after court ,niece spit on my face , yelling a me called me names all I said you got baby please leave my driveway.so now what chance do I have to get baby and other child visitation since court said keep sibling together even if not suitable but because of she the grandmother. We had a relationship with both kids I was the Godmother and I named the first child 2yr old.please can I reconsider, appeal or no chance of ever seeing the baby I care for since birth and fell in love but know it was temporarily so parents get clean off drugs and stable.the grandmother had. Applied for SSI on baby while the baby was still in the hospital NICU unit. She only wants money government. they wanted our military medical insurance for baby.
  2. I qualify for The Energy Employees Occupational Illness Compensation Program Act that was effective 7/31/01. I recently participated in The Building Trades National Medical Screening Program in Knoxville TN. One of my diagnosis was Noise Induced hearing loss? I would like to know if Permant disability or permanent partial disability is covered under work comp. in TN? If so, what is the process to file, time frame to complete claim & receive comp? I am also curious as to the amount of the check. I assume this payment will continue until I passaway, correct?
  3. My husband plead guilty to two separate charges. One charge was criminal domestic violence in the first degree, which he was sentenced to five years suspended to 18 months of home detention, and the second charge of domestic violence in the second degree, he was sentenced to three years suspended to 18 months of home detention with one year of probation, as well as no contact with me, the victim, unless it involved our two children. And the sentences were ran concurrent. After getting him out on home detention, 5 days later he was arrested on a violation of the home detention, for going to the store too many times. When he goes back in front of a judge will they give him the original sentence before the sentence was suspended, which was five years for one charge and three years for the other charge, or will he most likely just have to go to prison for the 18 months that he was given for the home detention?
  4. the opposing party filed a motion hearing regarding a motion to tax costs on my filing of a memorandum of costs. The judge recused himself and the hearing date was vacated. I was told by the court that I needed to refile my cost memorandum with the name of the new judge, which I did. But the opposing party did not respond or refile the motion to tax costs or reschedule a hearing till after the judge signed a judgment in my favor, 45 days after the hearing date was vacated. A new hearing date was scheduled 22 days later. Now the judge has reduced the judgment after the opposing party filed late. Was the court wrong in telling me that I had to refile my memorandum of cost? Should the original memorandum of cost and motion to tax be carried over to the new court? How long should the opposing party be allowed to wait, before rescheduling the motion hearing? It seems like had I not refiled my memorandum of cost, the opposing party could have delayed filing indefinitely and the memorandum of cost would have never been considered. Thank you.
  5. Hello, this is in the state of California. Pursuant to Cal. Evd. Code, sections copied below, I am curious on if polygraph results would be allowed as evidence in a civil case by the plaintiff who wants to substantiate her allegations as set forth in the case? 351. Except as otherwise provided by statute, all relevant evidence is admissible. 351.1. (a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results. ( Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible.
  6. My Dad died without a will about 8 months ago. Just before his passing, he and his wife of many years had a community property agreement drawn up with an attorney but never finished it. It was incomplete. His estate is worth almost $190k and only $10k is owed (med. bills). After he died at some point, probate began at the request of his wife. So yesterday I received a certified letter that there will be a probate hearing for my Dad's estate in like 4 days. She, myself, and my sister we're named heirs. Only my Dad's wife died 2 nights ago. And with the letter was a waiver for me to sign to allow some other lawyer to handle his case. What should I expect at this hearing and would it be wise to get an attorney if I want to get a portion of his estate?
  7. If he has been sued, then the court papers should include sufficient information to explain the debt. If he has merely received a demand letter, then you (or a Kansas lawyer working on your behalf) should do some research before responding. The court records from the original case will indicate whether the judge awarded costs in favor of the school district. If costs were awarded back then, they generally becomes an obligation of the juvenile once he/she reaches 18 unless someone else pays it first.
  8. My son, who is now almost 19, has mental health issues. As a result, he had many behavior and truancy issues in elementary school ( we chose to home school him thereafter because of the ridiculous issues the school district caused). We are in Kansas. He was born with issues. At the age of 7 we sought out help from our local, rural mental health center. They diagnosed him with every behavior problem in the book. From pre-K on, we had almost daily issues with acting out, inability to sit still, unable to stay on task, fighting with other students as well as us not being able to get him up and to school on time. We stayed in touch regularly with the school so we could address problems. We knew it was not fair for the teacher or the other students. We had regular meetings with his educational team, the principal, the psychologist and his mental health team from the clinic. These meetings were almost monthly! We kept asking for an IEP for him and they would always respond "let's see how he does this time". Even their own psychologist said her tests agreed that he qualified for one. His first principal was very helpful. On one occasion, I had to take my young child to school in nothing but his underwear in 13* temperatures, with his clothes, because he could not be absent again. His principal came out to my car and the both of us chased him from the front to the back of my van until we caught him. He took him in and dressed him. During this time, we were also medicating him for ADHD. My son would fight going to bed every night. We could be sure that from 8 to midnight, it would be a fight until he literally just passed out from exhaustion. Naturally, the next day, he was too tired to wake up. This went on for years. Finally, it got to a point where he was too big for me to carry and force to school. (Spanking was not an option as this made him into an angry monster that would tear the house apart. Guess how we learned that - on more than one occasion). In 3rd grade, he got a new principal. She had been in the special needs field for 27 years. She was determined that he WOULD bend to her will! Again, meeting after meeting got us nowhere. We had decided to home school him for 4th grade, as we would rather have the headache at home than with the school. They got wind of it. That summer, we received a summons to appear in court for a Child in Need of Care based on Truancy. They literally were trying to get legal custody of him. We appeared in court with our mental health team. The vouched that he had mental health issues and that we were trying very hard. The judge ruled that he must attend 4th grade with no issues at the same school. Then we would revisit it the next summer. That year was HELL! More than once, I had to call the police department (non 911 number) to have them pick him up and escort him to school. We reconvened and the judge dismissed the case. 5th grade was home school with NO warning. This suited him much better. When he was 15, we took him for testing at an Autism Center. Low and behold, he has Aspergers, Bipolar, Generalized Anxiety Disorder, Severe Social Anxiety, ADHD. Not only had the mental health clinic misdiagnosed him (we stopped using them when he was 12), but the school should have picked up on at least some of this with their testing and their experience with other youths with these issues. Instead, he was basically tortured and forced something that put him in great mortal fear. And no, he didn't like going anywhere else either, except grandma's house. We had to force him to church until he was too big to carry. He hated going to the store, dinner out, etc. He even hated traveling to Texas to visit my family. To this day, he still does not venture out much, ,though he's trying. Fast forward to about 6 weeks ago (NINE YEARS LATER). He received a letter from a collection/law office. He is being sued for the cost of the court case where the school tried to take our son. Never in all of that time, had we received any kind of notice on the bill. The collection company says that when a debt is due to a district court in a case concerning a juvenile, that when they turn 18, the debt gets attached to them and that there is no statute of limitations on it. Long story to get to this.... I did not think it was legal or a minor to incur a debt. She would not provide me with a law/statute/whatever to verify what she said is true. I have asked that the debt be validated. Also, I'm wanting to find out if my son, now almost 19, can sue the school district and the principal for neglect or any other issues now that he is an adult, or has the statute for that run out? Its been hard to try to find this info and I'm usually pretty good at digging up stuff. They put him thru hell and caused us to also torture him. He has had to take sleeping pills since he was 12 years old just to sleep thru the night. This whole situation has been hard enough on the whole family, but entirely unfair to him, as he could not help that he was born this way. Thank you for reading this far and any advice or opinions you can share.
  9. I have all the transcripts and also all the paperwork from start to finish that indicates different reasons from what the initial reason of why he fired me. From initial paperwork to the car hearing to the second hearing. Point of the matter is I look and read every piece of paperworkthat the Unemployment security commission sends to me so that way it is included for evidence that is what they use for your evidence for the hearing all the paperwork filed some initial to the hearing and if that has been changed that is sworn testimony and it is also clearly indicated on the paper that you fill out any kind of false information will be considered as falsifying documents hope which carries a penalty incarceration in the state of North Carolina so what I'm getting at what is the difference when you testify and write a statement on someone weather unemployment or regular law you cannot go back and change that so why is he being able to do so when it is a formal setting judicial set??
  10. I found it was to easy to involuntarily commit someone even if it wasn't your will to do it. I was pressured into it by the police and even the people that came to take the information. Everytime I would want to get out of their car they would yell at me. You would think they made commission on how many people they commit, I was under a huge amount of pressure, didn't sleep, eat or shower for two days and not mentally stable at time of doing the commitment and also intoxicated. In the shape I was in I would not of been able to make a decision on what I wanted to order at a McDonalds. How is this legal under those circumstances. Also the person that was committed did not meet the criteria to be committed. Not suicidal, homicidal, a danger, didn't inflict cuts to himself, physically took care of himself, not delusional, etc. The people that drove the house who took the report for the 302 were even surprised that it was accepted. Than I was supposed to go to the hearing and I was called that morning and told I didn't have to go because the doctor dismissed it. I thought that meant that the doctor felt that there was not enough to hold him and they would let him go. I talked to this person and he told me he was waiting all day to go to the hearing and than was told he didn't have to. Two days later I was told by a case worker up there that the doctor didn't want to take him to the hearing because they would of let him go, but he was still considered 302'd. I asked her if that was legal for him not to even have a chance to defend himself. She wasn't sure. She said that he is still considered 302'd. This also set of a whole series of very unfortunate events that did not need to happen. I only found topics or laws about commitment but nothing about the process or about who has the legal right to do this. It is kind of scary that it is that easy to commit someone. I understand in this day and age that everyone is on edge, but there should still be some kind of hearing or the person should be able to dispute this. It just seems like anyone could commit anyone under the circumstances that this person was committed. After I told people what happened people were shocked that it was that easy to do to someone. People were joking that they are going to do this to their husband, mom, sister, etc. There is so much to this story but it would be a book by the time I gave all the details. Can you fight this?
  11. I was seeking mental health treatment in a in patient facility, resident for almost 2 weeks. I made a request for a treatment plan with a discharge date with the nurse practitioner and was refused. Next day,I again requested a discharge date with a rough draft treatment plan and supporting claims. Again denied and I mentioned requesting AMA if I wasn't given a plan for treatment soon. NP stated I looked manic, I admitted to feeling anxiety over the issue. She left to speak with the psychologist (I hadn't met) only to return and state that if I filed a request they would hold me involuntarily and move me to the acute wing. I was very upset by the threat and retreated back to my room and layed on the bed reading for a couple hours. The next day the N.P. calls me into her office and tells me they overdosed my meds and it was best for me to stay at least 2 more days to balance the chemicals. I agreed. The following day a Friday. I was told I was being discharged, went to fill my prescriptions and was informed my insurance dropped me that day. Could the N.P. a/o Dr. a/o facility be sued for discharging me knowing I was without medications/insurance? Insurance approved the in patient stay and Bills incurred but stated I failed to return a form, mailed to my house, during my hospitalization. Could the insurance company be sued for cancelling my policy knowing I did not have access/ ability to perform such a request at that time?
  12. So i shouldnt testify at the hearing without and attorney cause it may be detrimental to me?
  13. Pg1067 Yes, you're right, they hadn't finished the paperwork. I'm just curious why they were doing a community property agreement if it's all going to his wife anyway. We weren't able to get an appointment with an atty before the hearing, which is tomorrow morning I found out this am that my sister signed the form giving representation rights to the probate lawyers. Guess I'll find out soon enough what's what.
  14. I have posted before with no response so thought I would try again.... and put some white between since it is long. I will be as brief as possible. PLEASE ADVICE AND HELP. I filed for Disability in 08. I was denied. My then Attorney a (retired judge) stated the Judge was going to be rough to get approval because he doesn't agree with my lifestyle. I was floored and I told him I was seeking new counsel on grounds he didn't stand up and fight for me. I appealed my denial and hired a new attorney. I explained everything to new attorney and made sure that he would stand up to this judge if he felt my lifestyle (I am a Lesbian) was going to be a deciding factor instead of my illnesses and disabilities. It took some time to get in front of judge again, I think it was 2011 at this point. The hearing didn't go so well, and the judge was very rude and argumentative. He interruptive everyone and I felt my attorney held his own. 2012 I received denial letter. I was approved physically disabled however mentally was denied. Long Story short in his rambling he mentioned that my mental health issues where due to my relationship issues and it was mentioned 15 times. He finds a way to bring my relationship up in my DENIAL 15 times. I met with attorney who assured me we were going to appeal and there were medical records not received and the discrimination would be addressed. I then sign a new contract with attorney and waited. I became ill and was hospitalized and I had a few surgeries. Due to health I had to move to another state I always called in to his office or emailed my paralegal to give updates on medical and update phone number and file. It is now 2015, I find out threw Social Security that a appeal was NEVER filed and my case was CLOSED. 7 years I had been fighting this case. I call my attorney and he has left the firm and opened a new one. I was given his contact information from his old firm. I, my file, my case was LOST in the shuffle the MOVE and he wasn't even aware that the appeal wasn't filed and my case was closed. I LOST all my points, I haven't worked since 2008 and any back pay is GONE, I live in another state and opened new case here. The good thing about that I will go in front new judge when the time finally arrives. My attorney has apologized profusely and is on the new case. He is doing it for free now. He keeps saying we will address the " old case" when in front of judge and it will be explained that he LOST my whole FILE and didn't file the appeal. I do not trust him or that the old case will be addressed. What do I do? How do I address all this? This is my life and I am drowning here and the people who are supposed to help me sink me further. Do I need a malpractice attorney? Any advice or suggestion would be great Thanks
  15. Your husband can 1) ask for a new attorney at his next court hearing or 2) write a letter to the judge requesting the appointment of new counsel. What he should NOT do is put any facts of his case in the letter if he goes that route and what you should not do is continue to discuss the case with him. Nothing you discuss over the phone or by mail is confidential.
  16. You can't prevent someone from filing suit against you. However, if the facts turn out to be as you describe (i.e., that she is suing you for misappropriating things that you provably did not misappropriate or that you sold with permission of the owner -- your mother), then the court should find in your favor. You will have to attend the hearing and present your evidence. Some phones allow you to block text messages from particular senders. Check whether your phone offers that capability.
  17. Our lawyer? Also, and while I'm not sure what difference this makes, why not obtain a transcript of the hearing in which this occurred?
  18. There is local conflict of interest with sheriff and district judge about a local business person who is abusing locals into financial support and forced free labor support of her business. District attorney won't touch her either...The malicious intentions went decade+ on other victims so I'm motivated. This is also a situation with 'brainwashing' with the business person claiming she will provide protection to people for supporting her or torture her foes with 'third party attack' by strangers to land foes fired and discriminated against in their housing in order to bring ruined people back as slave labor on serve on her commune rural event center ...The terror campaign is bad one off threats made to employees & victim's face by multiple people on property. I entered mess myself in early 2015 when I accepted a volunteer marketing internship from this business. I tried leaving this go for a while after threats made to my face on this job by owner and drug addict felons on property, but it's just malicious intentions here. The job ad is still posted despite my complaints to the job board manager and this business person is still allowed Airbnb listing despite bragging from some of her drug felon associates (now claiming to be life coach btw but no medical training) that renters were mistreated long term after use. I am mandated reporter of abuse due to old social services work, so I did turn this into adult protection services and child abuse as the abuser is seeking elderly, disabled and underage for later use. Lady even found a postman for relationship to use so she can keep track of people who moved away to protect themselves & their family from this scam. I'm trying to go back through Kansas Child/Adult Abuse Complaint review process. I turned my complaints about sheriff into Attorney General who claimed this isn't a policing issue as I was never arrested. Attorney General said the Peace Office Standards and Training Commission is who to talk to. Their answer was 'we have nothing to do with these type of complaints.' Sheriff refused to take a police report on extortion attempt and threats until 2016 when local district court judge pressured him. I refused to talk to the sheriff at the time without counsel. I asked for accommodation to turn in my version of the story in affidavit and did so without comment from sheriff. I tried for over year to use a website to file police reports. My access code was canceled immediately. No one would return my contact attempts on this to fix this either. I'm 3 hours from this area. I don't feel safe going near this police department without counsel as this business person is bragging about using the police and courts to ruin other victims. Where should I complain about sheriff? KBI not interested even with HUNDREDS of victims in financial or labor slavery here. I did get court date in 2016 for the 'do it yourself restraining order kit' on stalking which just requires two comments or threats to be made to a victim. However, I got a gallbladder attack timed with the court date and needed 5 days in hospital ICU for recovery and surgery and did not fully recover for 6 weeks so unable to attend hearing. District court judge refused to reschedule the hearing even though I was inhospital and provided paperwork. I got a second hearing in 2017 but court was unable to serve this defendant...The judge decided to fine me for nonappearance which is unusual handling. Now in 2019 , I'm denied another restraining order hearing 4 years out from the initial threats. Kansas restraining orders are limited to 1-2 years so useless anyway...What is the right place to complain about court prejudice? Local District Attorney doesn't return contact attempts. No help from ACLU. Local attorneys don't want to get involved as just too messy an abuse situation for them too...Was told to file a workplace discrimination complaint on this one. But perfect loophole as volunteer employers may mistreat anyone they want. I even tried the health department for wrong kitchen setup for 'religious' institution she claims to run from this non-profit business. Fake non-profit complaint paperwork with attorney general was no use. Even the bathrooms are taped on property didn't matter. IRS tax review of unclaimed income not investigated. Situation did get me mistreated as this brainwashing situation claimed would happen to me...I do have a LOT of financial damages as situation affected my employment and discrimination started for me in housing... What would you do with situation? Who would you complaint to about this? Local politicians not interested... Similar scam is being run at other non-profit event centers in this area. Was taught as a way to support/protect a parasite situation with business owner who didn't work for pay and just forced community to take care of them. Life coach scam is supported by this as well with victims forced to do business where instructed to support illegal activities, drug addicts and welfare cheats in area
  19. We lost a civil case, a jury trial. While our attorney did a good job on some parts, he did not get the most important evidence in, he got stuck on one minor aspect of the case that he thought would tug at the hearts of our jury, and missed talking about the very basic defenses of the complaint or getting in the dated photos and written documents proving our side. After the verdict, then our attorney really fought for us and the judge even gave us a small credit on the judgment because he knew that part of the case was proven through the testimony. It just wasn't pointed out to the jury and followed up with the rest of our evidence on that point, so they missed it. I am just sick, I had wanted to represent us pro se and hired the attorney only because the judge told me to at the pre trial hearing. He's an older man, very experienced and respected and we liked him, but he got off track and now we're out thousands of dollars. Do we have any options in a situation like this? Can we appeal based on an attorney forgetting to address the main defenses? This is SC Magistrate Court.
  20. The judge is new in our County she is known as the second chance judge. She gave someone who had attempted murder 5 years on home detention
  21. Hearing loss is covered by workers compensation in Tennessee and may be permanent partial disability. However, there is a statute of limitations of one year after the claim arose or within one year after the employee last worked for the employer who was responsible for the injury. See e.g. https://www.tncourts.gov/sites/default/files/westbyopn.pdf Are you still working for the employer? I question whether the Energy Employees Occupational Illness Compensation Program Act applies unless the injury to your hesaring was due to exposure to radiation. But, you say you are eligible, so . . .
  22. Whenever you are having an official hearing you get sworn in which means the testimony you are about to give is correct in his accurate is the best of your memory it cannot switch from time to time so whatever benefits the employer so basically what you're trying to say CBG is that you really don't have a clue cuz you keep on running in circles on things that for one sworn statement bud,and it's just like being in record of court because you're dealing with a judge on the telephone not just a regular average Joe so therefore CBG I prefer if you comment on what I'm asking that you give correct information because there's no way under the sun that a person can change testimony that's called perjury especially when you've been sworn in and also handwritten statements that are all different reasons from the original bottom line is if you don't have the correct answer why comment on
  23. This is a very complex story. It started in 2010, and it continues to fester. This past week, I was served with a Civil Summons to appear in Union County, NC. I currently reside in New Hanover County. The plaintiff claims that I have been harassing him, although I have not made any recent attempts to contact him directly. The origin of this conflict involved an action that the plaintiff and his church did to me in 2011. What I openly admit to doing is continuing a little "crusade" of my own about this church's hypocrisy and archaic practices. They essentially "kicked me while I was down." I was going through a very painful divorce at the time. Then, in January 2011, I received a letter from them demanding that I appear before a Judicial Commission that had been convened to deal with me. I was facing accusations of immoral behavior, abandoning my wife, and pursuing unlawful divorce. I was infuriated, and I still am to this very day. The plaintiff was the Chair (or Moderator) of this Commission. He has been on my "sh*t list" ever since, and I've spent the last eight years letting him and his church know just how angry I am at what they tried to do to me (I left the church), and how their actions affect me to this very day. This incident left me very wounded spiritually, and it continues to have a negative impact on my life even now. Later this week, I will be facing the plaintiff in Civil Court. I haven't seen him since September 2010, and I'm not looking forward to this "reunion." Maintaining my composure is going to be a challenge. This is only a hearing to determine whether or not a permanent no-contact order should be granted. What concerns me is what will happen after that. If the plaintiff wishes to pursue any further legal action against me, then he runs the risk of "sinking himself" also. I've already sent the Union County District Court office all relevant documentation that explains in detail what led to this "showdown" with my former friend and church member. It actually began in 2008 when my now former wife developed a unique medical condition. The toll of that ordeal is what helped end our marriage two years later. What I'm wondering is how much the judge will take my side of the story into consideration. I'd like to think the court will show at least some compassion over what I've already been through, but I don't know. As far as I'm concerned, the plaintiff in this case could just as easily be the defendant. He and his church (Presbyterian Church of America or PCA) stepped over a line with me and involved themselves in my business in a manner that was very inappropriate. Had I not resigned my membership, then they would have excommunicated me, and all this was in the wake of a painful divorce and then a nervous breakdown. I had to admit myself to the same hospital where I was employed at the time as a Medical Lab Courier. Forgiveness for this has yet to happen. It may never completely. Being that I can't afford an attorney, I was hoping this group could offer me any feedback on what I could be facing. Thank you.
  24. I presume that when a lawsuit is filed for demand of delinquent ad valorem taxes, the property owner has to contact the District Court Clerks office in order to actually get a copy of the Plaintiff Original Petition? Can a Tax lien proceed if the property owner stills has a hearing pending before the ARB on the property being foreclosed?
  25. Just to follow-up, it appears the reason that I was not scheduled for a hearing before the Appraisal Review Board is due to having reached a settlement regarding one of the issues I was protesting. Of course I should have realized that it would be construed that "I hereby withdraw my protest and waive my rights to any board's approval of the settlement outlined below." didn't mean just the issue that was noted on the document, but any and all issues raised in the protest. At least I got them to lower their appraised value of the properties down to only 1,428% above the cash price paid at a public auction. 🤘
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