move to strike count three of the plaintiff’s complaint, a claim for assault and battery against the defendant, Juzwick, because the plaintiff has failed to plead facts sufficient to state a claim upon which relief may be granted.

Century Boulevard is a six-lane thoroughfare which runs east and west. For several blocks on either side of the liquor store, it is straight and level. The posted speed limit is 35 or 40 miles per hour. . . . Roberts may have been speeding when she lost control of her car. In the opinion of defendants’ expert witness, her car was traveling at a speed of 30 to 35 miles per hour when it struck the phone booth. . . . [P]laintiff introduced declarations which established that this accident was not the first one involving a phone booth at this particular location. On February 13, 1973, some 20 months prior to plaintiff’s accident, another car struck a phone booth in this same location. Following this previous accident, defendants placed three steel “bumper posts” between the phone booths and the parking lot. No such posts were placed between the booths and Century Boulevard. At the hearing on the motion [for summary judgment] . . . the dispute between the parties centered on whether the evidence presented triable issues of fact as to the questions of duty and proximate cause. At the close of argument, the court granted the motion and entered a judgment of dismissal. This appeal by the plaintiff followed. Defendants contend that their duty to use due care in the location, installation, and maintenance of telephone booths does not extend to the risk encountered by plaintiff and that neither their alleged negligence in carrying out these activities nor any defect in the booth was a proximate cause of plaintiff’s injuries. These contentions present the same issue in different guises. Each involves this question – was the risk that a car might crash into the phone booth and injure plaintiff reasonably foreseeable in this case? Ordinarily, foreseeability is a question of fact for the jury. It may be decided as a question of law only if, “under the undisputed facts there is no room for a reasonable difference of opinion.” Accordingly, this court must decide whether foreseeability remains a triable issue in this case. If any triable issue of fact exists, it is error for a trial court to grant a party’s motion for summary judgment. Turning to the merits of this case, the question presented is a relatively simple one. Is there room for a reasonable difference of opinion as to whether the risk that a car might crash into the phone booth and injure an individual inside was reasonably foreseeable under the circumstances set forth above? In pursuing this inquiry, it is well to remember that “foreseeability is not to be measured by what is more probable than not, but includes whatever is likely enough in the setting of modern life that a reasonably thoughtful [person] would take account of it in guiding practical conduct.” One may be held accountable for creating even “‘the risk of a slight possibility of injury if a reasonably prudent [person] would not do so.’” Moreover, it is settled that what is required to be foreseeable is the general character of the event or harm — e.g., being struck by a car while standing in a phone booth — not its precise nature or manner of occurrence. Here, defendants placed a telephone booth, which was difficult to exit, in a parking lot 15 feet from the side of a major thoroughfare and near a driveway. Under these circumstances, this court cannot conclude as a matter of law that it was unforeseeable that the booth might be struck by a car and cause serious injury to a person trapped within. A jury could reasonably conclude that this risk was foreseeable. This is particularly true where, as here, there is evidence that a booth at this same location had previously been struck. Indeed, in light of the circumstances of modern life, it seems evident that a jury could reasonably find that defendants should have foreseen the possibility of the very accident which actually occurred here. Swift traffic on a major thoroughfare late at night is to be expected. Regrettably, so too are intoxicated drivers. Moreover, it is not uncommon for speeding and/or intoxicated drivers to lose control of their cars and crash into poles, buildings or whatever else may be standing alongside the road they travel — no matter how straight and level that road may be. Where a telephone booth, which is difficult to exit, is placed 15 feet from such a thoroughfare, the risk that it might be struck by a car veering off the street, thereby causing injury to a person trapped within, cannot be said to be unforeseeable as a matter of law. It is of no consequence that the harm to plaintiff came about through the negligent or reckless acts of Roberts. “If the likelihood that a third person may act in a particular manner is the hazard or one of the hazards which makes the actor negligent, such an act whether innocent, negligent, intentionally tortious, or criminal does not prevent the actor from being liable for harm caused thereby.” Here, the risk that a car might hit the telephone booth could be found to constitute one of the hazards to which plaintiff was exposed. Considering the case law and the circumstances of this case, this court cannot conclude as a matter of law that injury to plaintiff, inflicted by negligent or reckless third party drivers, was unforeseeable. “[Just] as we may not rely upon our private judgment on this issue, so the trial court may not impose its private judgment upon a situation, such as this, in which reasonable minds may differ.” Since the foreseeability of harm to plaintiff remains a triable issue of fact, the judgment is reversed and the case is remanded to the trial court for further proceedings consistent with the views expressed in this opinion. McInerney v. Polymer (Superior Court of Connecticut 2012) OPINION BY JUDGE SWIENTON: The defendants, Polymer Resources, LTD (PRL), William R. Feldman, and Philip Juzwick (collectively, “the defendants”), move to strike count three of the plaintiff’s complaint, a claim for assault and battery against the defendant, Juzwick, because the plaintiff has failed to plead facts sufficient to state a claim upon which relief may be granted. Count three of the complaint sounds in the tort of assault and battery.

 

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More specifically, defendants argued that they had no duty to protect phone booth users from the risk encountered by plaintiff — a car veering off the street and crashing into the phone booth — since that risk was unforeseeable as a matter of law.

CHARLES BIGBEE, Plaintiff and Appellant, v. PACIFIC TELEPHONE AND TELEGRAPH COMPANY et al., Defendants and Respondents SUPREME COURT OF CALIFORNIA 34 Cal. 3d 49; 665 P.2d 947; 192 Cal. Rptr. 857; 1983 Cal. LEXIS 197 June 23, 1983 A man who was injured when an automobile struck the telephone booth in which he was standing brought an action for damages against the driver and the companies allegedly responsible for serving her alcoholic beverages. A settlement was reached as to these defendants. Plaintiff also brought suit against the companies allegedly responsible for the design, location, installation, and maintenance of the booth, seeking recovery on theories of negligence and strict liability in tort. These defendants filed a joint motion for summary judgment, arguing that the risk of an automobile veering off the street and crashing into the booth was unforeseeable as a matter of law and that the driver’s negligence constituted a superseding cause of plaintiff’s injuries. The trial court granted the motion and entered a judgment of dismissal. Plaintiff appealed. BIRD, J. On November 2, 1974, plaintiff, Charles Bigbee, was severely injured when an automobile driven by Leona North Roberts struck the telephone booth in which he was standing. [P]laintiff sued the companies allegedly responsible for the design, location, installation, and maintenance of the telephone booth, including Pacific Telephone and Telegraph Company (Pacific Telephone), the owner of the booth, Western Electric Company, Inc. (Western Electric), Western Industrial Services, Inc. (Western Industrial), and D.C. Decker Company (Decker). Plaintiff sought recovery against the latter defendants on theories of negligence and strict liability in tort. [Plaintiff] alleged in substance that on the night of the accident, at approximately 12:20 a.m., plaintiff was standing in a public telephone booth located in the parking lot of a liquor store on Century Boulevard in Inglewood, California. Roberts, who was intoxicated, was driving east along Century Boulevard. She lost control of her car and veered off the street into the parking lot, crashing into the booth in which plaintiff was standing. Plaintiff saw Roberts’ car coming toward him and realized that it would hit the telephone booth. He attempted to flee but was unable to do so. According to the allegations of the complaint, the telephone booth was so defective in design and/or manufacture, or so negligently installed or maintained that the door to the booth “jammed and stuck, trapping” plaintiff inside. Had the door operated freely, he averred, he would have been able to escape and would not have suffered injury. Additionally, plaintiff alleged that the telephone booth was negligently located in that it was placed too close to Century Boulevard, where “traffic . . . travelling easterly, generally and habitually speeded in excess of the posted speed limit,” thereby creating an unreasonable risk of harm to anyone who used the telephone booth. [O]n July 29, 1980, defendants filed a joint motion for summary judgment, arguing that the undisputed facts demonstrated the absence of two elements essential to plaintiff’s case. More specifically, defendants argued that they had no duty to protect phone booth users from the risk encountered by plaintiff — a car veering off the street and crashing into the phone booth — since that risk was unforeseeable as a matter of law. For the same reason, they maintained that Roberts’ intervening negligent driving constituted a “superseding cause” of plaintiff’s injuries.

 

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Explain the ethical considerations for a company to enforce specific terms of a contract against another company if the other company is mistaken about what was agreed to.

The purpose of this assignment is to analyze and select an appropriate method of alternative dispute resolution (ADR) for a business dispute, to examine unethical business behavior, and to develop risk management procedures to avoid or reduce claims and litigation.
Read the following scenario: Dazzling Dough Co. sells pizza dough to local pizza restaurants. Most of the restaurants buy at least 150 pounds of pizza dough from Dazzling Dough Co. in each order. Jerry’s Pizza contacted Dazzling Dough Co. to purchase 200 pounds of pizza dough, along with some other items. Dazzling Dough Co. sent Jerry’s Pizza a written contract, prepared by Dazzling Dough Co.’s lawyer, stating that “Jerry’s Pizza agrees to purchase 200 pounds of pizza dough, pizza toppings, desserts and soft drinks for $30,000.” Jerry’s Pizza signed and returned the contract.A few days later, Dazzling Dough Co. sent Jerry’s Pizza 125 pounds of pizza dough and 75 pounds of pizza toppings, desserts, and soft drinks. Jerry’s Pizza contacted Dazzling Dough Co. about the error in the contract and demanded an extra 75 pounds of pizza dough. Dazzling Dough Co. said there was no error, that Jerry’s Pizza signed the contract so they agreed to the terms, and it was not sending the extra pizza dough.After several attempts to resolve the dispute and a pressing need for dough, Jerry’s Pizza terminated the contract and sent Dazzling Dough Co. a check for $15,000 for the 125 pounds of pizza dough, pizza toppings, desserts and soft drinks. Jerry’s Pizza immediately purchased 75 pounds of pizza dough from another company for $12,000. Both parties are threatening to sue each other for breach of contract. They prefer to resolve the dispute out of court because the contract contains a clause that awards reimbursement of attorney’s fees to the winning party.The board of directors of Jerry’s Pizza scheduled a meeting with you and other senior management at the company to discuss the dispute. You’ll need to prepare a strategic plan overview (an abbreviated strategic plan, not a full plan) for the board that explains why there is a dispute, suggests various settlement proposals, and provides recommendations on how Jerry’s Pizza can avoid this kind of dispute in the future.
Prepare a 525- to 875-word strategic plan overview to resolve the legal dispute for the board (use the bullet point headings provided below to format your overview) addressing the following:

  • Summary of Dispute
  • Identify the source of the dispute.
  • Identify each party’s interpretation of the contract language.
  • Identify whether each party’s interpretation is reasonable.
  • Identify any missing facts that would be helpful to know in order to resolve the dispute.
  • Proposed Revisions to Contract Language
  • Recommend specific revisions to the contract’s language so that it is clear what Jerry’s Pizza expected to buy and what Dazzling Dough Co. is required to deliver.
  • Ethical Considerations
  • Explain the ethical considerations for a company to enforce specific terms of a contract against another company if the other company is mistaken about what was agreed to. Discuss the factors that should be considered.
  • Recommendations
  • Two to three possible settlement options (e.g., pay for the disputed dough, reduce the amount of dough to be purchased, split the difference, refuse to pay, etc.)
  • Two to three methods of dispute resolution (e.g., negotiation, mediation, arbitration, litigation, etc.) that Jerry’s Pizza can propose to Dazzling Dough Co.

Create a one-page visualization to represent the information you provide in this assignment.

  • Use the Table, SmartArt, or Chart visual representation options available in Microsoft® Word by clicking on the Insert tab located on the ribbon at the top of the window. Locate the Word Help function in the version of Microsoft® Word that is installed on your computer for assistance.

Submit your assignment.

 

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What makes a contact valid and what are the components of the constitution

we are to summarize how the current 19 has affected people in their contracts with businesses if they have or haven’t completed the signed duties. What makes a contact valid and what are the components of the constitution

Attachment previewThe US has been under coronavirus quarantine for some time now. Given that various contracts have been negotiated by parties to the contract, and some have performed on the agreed contract and others have not as agreed.

 

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Determine if a plaintiff can make legal claims based on the events in a given scenario

In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from a series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.

Paula Plaintiff is shopping at her favorite store, Cash Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast. However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Paula, who has taken nothing, denies any wrong doing. The officer insists and takes Paula to a small room in the back of the store. The guard tells Paula that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room. Paula is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Paula that she is free to go.

About this same time, Geoffrey Golfer is hitting golf balls in his backyard. Geoffrey decides to break out his new driver and hits a golf ball out of his backyard into the Cash Mart parking lot. The golf ball hits Paula Plaintiff on the head and knocks her unconscious just as she is leaving the store.

INSTRUCTIONS

In a 6–10 paragraph paper, answer the following questions:

  • What types of legal claims could Paula make against Cash Mart and Geoffrey? Consider the following:
    • What are the possible tort claims that Paula can make against Cash Mart? Discuss the elements of the claim and how those elements relate to the facts in the scenario.
    • Was Geoffrey negligent when he hit the golf ball that injured Paula? Discuss the elements of negligence and use facts from the scenario to support your decision.
    • If Paula files a negligence claim against Geoffrey will she file in civil court or criminal court? Explain the difference between civil court and criminal court.

You will create and submit your assignment by using the ecree link. Just click on the link and start writing. Your work will be saved automatically. You’ll see some feedback on the right-hand side of the screen, including text and videos to help guide you in the writing process. When you’re ready, you can turn in your assignment by clicking Submit at the bottom of the page.

The specific course learning outcome associated with this assignment is:

  • Determine if a plaintiff can make legal claims based on the events in a given scenario.

 

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Describe the types of insurance coverage you feel are necessary to cover the business, its owners, and employees and explain why.

  • Define insurable interests, business, and personal insurance policies

You and a colleague are starting a new business. Your colleague knows everything about the product and service you are providing. You are experienced in business and administration. Your colleague tells you that she wants to handle the product and service quality and that you can handle all business matters.

She also tells you that this new business will require an office, warehouse space, delivery vehicles, machinery and other general items needed to operate an office and manufacturing warehouse. You will have about thirty employees.

She asks you what you plan regarding obtaining insurance coverage for the company. Describe the types of insurance coverage you feel are necessary to cover the business, its owners, and employees and explain why. For the purposes of this discussion, exclude any reference to health insurance coverage.


Initial post:

  • Initial post must be 300 to 400 words in length or a minimum of about ten (10) sentences
  • Be thoughtful and substantive
  • Respond to discussion prompt and demonstrate higher-order thinking (apply, analyze, synthesize, evaluate, examine, pose, or connect course concepts to business law)
  • Follow APA formatting and documentation guidelines when referring to course readings and other materials
  • Use proper spelling, grammar, and punctuation

 

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Are Clyde and Fresno likely to have much success in their lawsuit challenging the Board’s decisions?

Weekly Learning Objective: Learner will discuss how a corporation is formed, regulated and managed.

Using the Discussion Board Rubric listed below for the specific grading criteria, complete the following:

Access the Frolic Case document, then compose an original response addressing the following questions:
• Are Clyde and Fresno likely to have much success in their lawsuit challenging the Board’s decisions?
• What will they have to prove?
• Is there a better course of action for Clyde and Fresno to follow?
• What would you do if you were in Clyde Fresno’s shoes?

Support your thoughts using a minimum of two academic, peer-reviewed sources (outside the textbook). Websites such as Wikipedia,
LegalZoom, LegalMatch, Nolo, etc. do NOT count as academic sources. A good place to start is the Davenport University Library. Your
response should be a minimum of 350 words.

 

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Analyze and explain the rights of Clean under the agency agreement with Tacy.

Tips for Formatting and Structuring Analysis: Write in complete sentences in paragraph format. Use in-text citations citing to relevant assignment materials. Double-space; 12-point Arial or Times Roman font. Question 1 General Background: The Clean-N-Shine (“Clean”) owners have questions and need clarification about several contract concepts and issues related to their new business. Specifically, they have questions about: • • the Statute of Frauds “writing requirement” and electronic contracts Generally, contracts for the sale of goods must be in writing, and the parties must sign the writing to the agreement, and the parties must be sufficiently identified. Clean will be selling products via the internet, and the owners are wondering whether these electronic contracts are valid and enforceable. Background Facts You Need To Know: Company X, a company in Illinois, contracted via the internet with Windows Bright, a small window washing business in Missouri to purchase four cases of Shiny Lite window cleaning solution at $200 per case. Company X paid via the internet with a company credit card and an electronic contract was create. The electronic contract stated that the four cases of Shiny Lite would be shipped to Company X’s place of business in Illinois via UPS. Once UPS delivered the Shiny Lite, the contract required Windows Bright to clean Company X’s windows. Instructions: Winne and Ralph have concerns about the Statute of Frauds and electronic contracts. To respond to their concerns, you must address the following questions: A. Discuss whether the contract between Company X and Windows Bright is subject to the Uniform Commercial Code Statute of Frauds. B. Analyze and explain whether the electronic internet contract between Company X and Windows Bright satisfies the “writing” requirements for the Statute of Frauds? If so, how and why? Number each section as: A. B. QUESTION 2: Background: The Clean-N-Shine (“Clean”) owners are aware of the importance of contracts to both buy and sell goods and services. They are reviewing the Uniform Commercial Code (UCC), Article 2, that covers contracts for the sales of goods. The Clean owners understand that the terms in their purchase contracts (i.e., contracts to purchase products from EPI) will require very different terms from their sales contracts reselling these cleaning products purchased from EPI. EPI manufactures environmentally-friendly products. First, the owners want to focus on understanding their rights and obligations associated with reselling EPI cleaning products. Second, Winnie and Ralph ask you to prepare information to help the Clean understand risks and possible liabilities related to the resale of EPI cleaning goods to customers. Background Facts You Need To Know: Office Cleaning Pros (Pros), a local company, emailed Clean that it wanted to purchase some cleaning products. The email stated the following sales details: • • • • Pros wanted to purchase six cases of Carpet Re-New cleaning solution from Clean Price is $200 per case of Carpet Re-New Delivery was to be on or before April 1, 2019 Delivery was to be made to Pros storage warehouse facility Clean did not respond to the email, but on April 1, Clean delivered six cases of cleaning solution products to Pros office headquarters, located next door to Pros’ storage warehouse facility. Pros moved the cleaning solution products from its headquarters to its storage warehouse facility. Three days later, Pros inspected the six cases Clean had delivered and discovered all six cases contained Floor Re-New cleaning solution, not Carpet Re-New as specified in the sales contract. Instructions Answer the following questions for Winnie and Ralph to use for discussion with the Clean owners. Referring to the scenario above, review UCC, Article 2, and respond to the following: 1. Analyze and explain whether a contract was created between Clean and Pros under the UCC. 2. Evaluate and discuss the rights and obligations of Pros following the inspection. 3. Evaluate and discuss the rights and obligations of Clean, under the circumstances, following delivery and Pros’ inspection of the goods. Question 3: Background Facts You Need To Know: The Clean-N-Shine (“Clean’) owners recognize the importance of effective recruitment and hiring. They feel competent about recruiting and hiring new Clean management but want to hire an expert to recruit and hire employees to develop and manage their website, internal computer systems, and IT support. They agree to hire a recognized expert in this area, George Tacy, to act as Clean’s agent in hiring website/computer/IT employees. The owners want to give full authority to Tacy to direct every aspect of recruitment and hiring of these employees, from the initial recruitment of applicants to the final hiring process. Clean owners want to ensure that their agreement with Tacy will be valid and include all important terms. They have requested a meeting with TLG to discuss agency agreements. Winnie and Ralph have asked you to join the meeting and respond to some of the Clean owners’ questions about agency law. Instructions Winnie and Ralph direct you to draft responses to several questions for the Clean owners’ meeting. 1. Analyze and explain the rights of Clean under the agency agreement with Tacy. 2. Analyze and explain two specific duties Tacy must perform under the agency agreement with Clean.

 

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explain who is liable for Dave’s negligence for causing the car accident

Note: Study guide is attached

Case Analysis

Dave is a driver for Empire Courier Service. Around the company, Dave is known as sort of a hothead. During his previous employment at another company, Dave had been involved in a workplace fistfight with a fellow employee, resulting in criminal charges.

One day, between deliveries and in a company vehicle, Dave decides to get lunch. While leaving the parking lot at Big Burrito Bistro, the favorite lunch spot for most Empire Courier employees, Dave negligently causes a car accident with another vehicle, resulting in injuries to Victor, the driver of the other car. As Dave and Victor are waiting on the side of the road for the police to arrive, Victor comments to Dave, “Oh, you drive for Empire Courier Service. It doesn’t surprise me that Empire hires bad drivers because their service stinks, and their prices are too high!” Dave is so offended that Victor would insult his employer’s professional reputation that he punches Victor in the face, causing Victor to suffer even more injuries. Empire Courier Service does not, as a matter of policy, do criminal background checks on its employees.

Considering the legal principles discussed in Chapter 20, explain who is liable for Dave’s negligence for causing the car accident, and explain who is liable for Dave’s intentional tort for punching Victor. Provide your answers in a case analysis of a minimum of 500 words. Cite any direct quotes or paraphrased material from outside sources. Use APA format.

 

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Explain why Acme Fireworks should not operate as a sole proprietorship.

You are the manager of Acme Fireworks, a fireworks retailer who sells fireworks, puts on ground display fireworks, and large aerial display fireworks. The company started in the owner’s garage two years ago and now has 15 employees that you manage. The company started as a sole proprietorship, and the owner has never changed the entity. The owner has informed you that the company has received inquiries from several large businesses wondering if the company could create several fireworks displays on a regular basis. The owner told the inquirers that the company could fill such display orders, and a price per display was agreed upon. It was discussed that most of the cost for a fireworks display is for skilled labor, insurance, and the actual service of setting off the fireworks. No other details were discussed. The owner is anticipating that new employees will need to be hired, but he is worried that if the large orders for fireworks displays do not continue, the company will not have the funds to pay the new employees. The owner is now considering changing the business entity, but he does not know what entity to form or how to form it.

The owner has asked you to do the following:

  • Determine if the contracts with the businesses will be governed by common law or the Uniform Commercial Code (UCC), and explain why.
  • Analyze whether the owner formed a contract with the businesses, and apply the five essential elements of an enforceable contract.
  • Explain the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display.
  • Discuss the different employment types and relationships relevant to agency law, and analyze the advantages and disadvantages of each type specific to Acme Fireworks.
  • Explain why Acme Fireworks should not operate as a sole proprietorship. Recommend a new business entity, and provide rationale to support your recommendation.

For each task, be sure to analyze the relevant law, apply the facts to the law, and make a conclusion.

The paper

  • Must be 8 to 10 double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.).
  • Must include a separate title page with the following:
    • Title of paper
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
  • Must begin with an introductory paragraph that has a succinct thesis statement.
  • Must address the topic of the paper with critical thought. That is, describe what your response is to the content, either positive or negative, and defend your position. If multiple options, alternatives, and/or positions are present and are being rejected, you must also defend the reasons for rejecting an option.
  • Must end with a conclusion that reaffirms your thesis.
  • Must include at least five scholarly sources, two of which must be from the Ashford University Library, in addition to the course text.
  • Must document all sources in APA style as outlined in the Ashford Writing Center.
  • Must include a separate references page that is formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.).

 

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