31 It is undisputed that, at the time they entered into the agreement concerning the pivot irrigation system, it was the intention of the parties to provide Welu with green fields on which to hunt. 206 East Wilson Avenue, Broadus, MT, 59317. Schwend, 27. BETH BAKER Get this The Billings Gazette page for free from Monday, October 23, 1972 ;. Even if the issue was not outside of contract, these facts also comport with the Restatement (Second) of Contracts, 374, and cmt. Essentially, the Court finds persuasive evidence that the system is permanently affixed from the fact that it was bought new, and not previously used. 2018 Principal Officer Steve Held Main address 10 Turret Buttes Rd Broadus, MT 59317 United States EIN 81-0502393 NTEE code info Human Service Organizations (P20) IRS filing requirement This organization is required to file an IRS Form 990-N. Sign in or create an account to view Form (s) 990 for 2012 and 2009. This organization has been in operation for 26 years, which makes it slightly younger than other nonprofits in the state. We decline to do so in this case. Denying Welu the remedy of restitution under the theory of unjust enrichment, on the basis that the contract was indefinite or failed to mention ownership, contravenes well-established principles of equity that are evident in our own precedent and the Restatement of Restitution and Unjust Enrichment. Box, Broadus, MT 59317 was used in 2006, P.O. It is a fixture, a part of the real property under Montana law. A farmer or rancher using this system needs the gated pipe to irrigate. at 406, 670 P.2d at 541. The Dissent would have this Court reach the merits of Welu's unjust enrichment claim, arguing that because the contract did not expressly cover ownership of the pivot irrigation system, the contract does not preclude an unjust enrichment claim. Location Dalbo, MN Nov 13, 2006 #1 Okay, I was wondering if anyone can tell me if they know a guy named Steve.apparently he owns 7,000 acres 16 miles southwest of Broadus, Montana, and runs a couple hundred head of black-white-faced cattle, has a few cutting horses, etc.Used to be an actor, was on a couple baywatch episodes. This article lists all of the major champions from each of the events held yearly at the National Finals Rodeo (NFR) and the National Finals Steer Roping . If the benefit received exceeds that loss, the rule stated in this Section generally gives the party in breach the right to recover the excess in restitution. Opinion, 41. Dissent, 56. Lookup the home address and phone 2138760789 and other contact details for this person Stephen A Held is a resident of Broadus. This organization has been in operation for 26 years, which makes it slightly younger than other nonprofits in the state. Welu believed that irrigated alfalfa fields would increase the amount of game attracted and retained on the property in those areas. My Ex-Husband is relocating there to work on a ranch for some guy named "Steve", that apparently just recently bought 7000 acres. Restatement (Third) of Restitution and Unjust Enrichment, 31 (2011) (emphasis added). As the Dissent points out, the Restatement has identified circumstances in which a breaching party may recover from a non-breaching party based on the theory of unjust enrichment; however, these circumstances are not present in the instant case. Watch. Messages to Murray Dixon, c/- PO Box 5191, Palmerston North 4441. 16 Personal property may become a fixture pursuant to 70-15-103, MCA, which provides, in relevant part, that [a] thing is deemed to be affixed to land when it is permanently attached to what is thus permanent as by means of cement, plaster, nails, bolts, or screws. Section 70-15-103(4), MCA. Inadvertent errors are possible. The cyto . The Dissent argues that wrongful acts sufficient to satisfy the requirement of our precedent occurred in either the purported violation of the inordinate amount of trust Welu had in Held, for which the Dissent apparently finds support in the record, or in the form of Held's refusal to allow Welu to remove portions of the pivot irrigation system. 109, 354 P.3d 572. Further, during Held's operation of the system, a motor was burned out and a supply pipe burst. 34 The District Court determined that the parties' email exchange formed an express contract between the parties. Justia Opinion Summary David Platt and Steven Held purchased a ranch together and formalized their arrangement by entering into an operating agreement. "He fought for his life in the. 2.1). 75, 209 P.3d 254. Affirmed. Dearly loved wife of Murray. 55 Even were we to discount the Restatements, our precedent prior to Pruyn and Schwend have acknowledged that the harsh results rendered by operation of law against a party to a contract concerning a permanent improvement to land should not preclude that party's recovery in restitution under a theory of unjust enrichment. Broadus, MT 59317. Copyright 2023, Thomson Reuters. Offers:0. Therefore, the predicate required by 374 of the Restatementthat the party be justified in his or her refusal to perform based on the other party's breachis not present here. I don't know that he ever worked with Brilhart or on Martin mpcs, but anything is possible. The motel is within walking distance of mostly everything in town. View STEVE HELD FOUNDATION INC location in Montana, United States, revenue, competitors and contact information. A claim for unjust enrichment is not precluded when ownership is determined by operation of statute, rather than pursuant to principles of contract law. State Bd. " Sft BIRTIIS Boys Mr. and Mrs. Ted Laird, 1325 9th St.W. 36 Neither party disputes the existence of a contract involving the pivot irrigation system at issue. Stephen A Held can be found on facebook https://www.facebook.com/search/top/?q=Stephen+Held&epa=SEARCH_BOX. 48 Second, to bolster its finding to the contrary, the Court conflates the intent of the parties with sufficient physical characteristics of permanence under Schwend: There is no evidence in the record that the parties intended the pivot irrigation system to be moved to different locations on different fields. Opinion, 20. . This is not a complete statement of the law. Later, Held, Platt, and Tim Welu decided to divide the property into three parts, with each party owning 2,000 acres. Informacin detallada del sitio web y la empresa: equiticket.com, +399321790967 Equiticket - Buy and Sell tickets at the best price Initially, Welu and Held attempted to utilize a flood irrigation system, already located in the area but in disrepair and inoperable, to grow alfalfa. * Historical, vital, and court records and search results may require an additional purchase. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Select this result to view Stephen Held's phone number, address, and more. He was born on Aug 26, 1960. It's terrific to work with good people and appreciate you very much. The Court correctly acknowledges that Welu's intent, as the installing party, bears the most weight. The objective intent of the installing party is deduced by the court from all of the circumstances surrounding the installation of the purported fixture. Schwend, 32. Subsequently, the plaintiffs sued to recover the monetary value of the benefit the defendant had gained by the work plaintiffs had put into the land, which they alleged to be $55,000. Facebook gives people the power to share and makes the world more open and connected. They have also lived in Miles City, MT and Belle Fourche, SD. Steve Held is on Facebook. The deficiency of his contract shows he either held an inordinate amount of trust in the goodwill of Held, or that he operated under an extreme ignorance of the law, both accession law and contract law. A welcoming motel in small town America The Broadus Motels is a down to earth older style motel. Steven Broadus passed away on August 26, 2019 in Manassas, Virginia. information about Steve Held Foundation Inc Broadus AE, et al, eds. A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. Section 28-3-301, MCA. 46 I disagree that the aboveground portions of the pivot irrigation system were a permanent fixture attached to Held's land. 1, 223 P.3d 912 (citation omitted). course of synthesis, peptide hormones are diverted to secretory properties, IGF1 primarily influences phenotypes that are modi-vesicles via a regulated secretory pathway (Fig. 3 In 2005, Steve Held and Ginger Held (the Helds), together with David Platt and Diane Case (the Platts), purchased an approximately 6,000 acre ranch roughly 16 miles south of Broadus in Powder River County, called the Twin Hearts Angus Ranch (the Ranch). The Court admonishes our examination of the Restatement proposition above, but the Court transposes the position and situation of the parties and thus the Court's analysis is fundamentally flawed. STEVE HELD (WAVIN' INC/RANCHER MOTEL OWNER), (Zip code: 59317) $250 to MONTANANS FOR TESTER (TESTER, JON) on 09/15/2018 ALTHEA NISLEY (RETIRED), (Zip code: 59317) $200 to MONTANA REPUBLICAN STATE CENTRAL COMMITTEE on 06/14/2018 MARY ELLEN SMITH (NONE/RETIRED), (Zip code: 59317) $100 to GREG FOR MONTANA (GIANFORTE, GREG) on 06/18/2018 Login. Dissent, 54-55. 403, 407, 670 P.2d 540, 542 (1983), to support its premise that providing restitution to a contracting party who has a claim against the recipient of his performance is the well-settled principle of equity in other jurisdictions. Dissent, 55. State Farm Loan Bd. Schwend, 15. 47 I disagree with the Court's conclusion that the aboveground portions of the pivot irrigation system are a fixture. See fact 62 in Findings of Fact and Conclusions of Law of the District Court, where the court examines what it considers to be objective evidence of ownership, and outside the scope of the existing contract. Indeed, Welu's stated intent to sell the aboveground portions or use them on his other properties, bolstered in fact by Agri's partial dismantling of those aboveground components, is evidence Welu always intended the system to be removable. In the absence of a contract, [a]n implied contract springs from principles of natural justice and equity, based on the doctrine of unjust enrichment. Ragland v. Sheehan, 256 Mont. 19 Welu argues the District Court erred in determining that the entire pivot irrigation system was annexed to THSH's real property because the aboveground elements, including the spans, towers, rotophases, and electrical panels were distinct pieces of equipment, relatively easy to remove and relocate. STEVE HELD FOUNDATION INC is an utilities company based out of PO BOX 69, Broadus, Montana . , Non-representatives - add comments about Steve Held Foundation Inc, You can rate this nonprofit in different categories from 1 star (worst) to 5 stars (best) or leave category unrated, (additional info to increase the weight and the placement of your review and ratings), NonProfitFacts.com is not associated with, endorsed by, or sponsored by Steve Held Foundation Inc and has no official or unofficial affiliation with Steve Held Foundation Inc, Would you recommend Steve Held Foundation Inc to others? As a result, Welu's unjust enrichment claim fails and Held gains a windfall in the form of a million dollar irrigation system which, as the trial court acknowledged in its findings of fact, was never meant to primarily benefit him. The pivot irrigation system remained unrepaired and offline during May and June of 2012. 322, 327, 846 P.2d 1000, 1004 (1993); Randolph V. Peterson, Inc., v. J.R. Simplot Co., 239 Mont. B. Individuals abroad and more (optional). About This Listing. The wrongful act requirement of Pruyn is thereby met: Held's refusal to cede or pay Welu for those aboveground portions is a wrongful act. Discover work experience, company details, and more. Home Find Alumni Photos & Yearbooks Find Reunion Plan Reunion Apparel. 10 The parties tried the case before the Honorable Michael B. Hayworth on March 24 and 25, 2015. Of Equalization, 15 P.3d 728, 733 (Wyo. Because Welu is suing Held, who had not breached the agreement at the time of the suit, Robertus is of no assistance at all here. Further, Agri advised Mr. Held that failure to move the fence would result in the pivot being damaged. Left out of the Court's Opinion is the reason why there is a fixture analysis of the irrigation system in the first place. Specifically, the determinative question here is whether the pieces of the pivot irrigation system Welu sought to remove were an integral part of the pivot irrigation system as a whole, and whether the removable components were adapted to the particular real property at issue. Get this The Billings Gazette page for free from Wednesday, April 19, 1989 , 1989 11-A LOCAL DEATHS Frances Dickson, 68, of 1703 Lewis Ave. John F. McDonald, 88, of 3638 Highway 87 E AREA DEATHS . Specifically, he testified that he may have the hunting rights for the next thirty years.. Held disputes whether the irrigation system was fully installed at this point. 2 On appeal, Welu raises three issues, which we restate as follows: 1. You can view more information on Steve Broadus below. at 405-06, 670 P.2d at 541. When those efforts failed, he sought to install the pivot irrigation system at issue in this case. The party in breach is, in any case, liable for the loss caused by his breach. Contact MAILING ADDRESS PO Box 3 Broadus, MT 59317 CONTACT 406-436-2626 Details SEASON All Year HOURS 24 Hours PAYMENT METHODS Cash, Discover, Master Card, Personal Check (In State), Travelers Checks, Visa Therefore, because we determine that the components at issue were both an integral part of the pivot irrigation system and were specifically adapted to the realty at issue, we conclude that the pivot irrigation system as a whole was adapted to the realty. The essential elements of a quasi-contract or quantum meruit claim are that the plaintiff provided to the defendant materials or services at the defendant's request or with the acquiescence of the defendant, that the materials or services had reasonable value, and that the defendant, despite the demands of the plaintiff, has failed and refused to pay the reasonable value of such materials or services. Berra v. Bieg Plumbing Co., Inc., 584 S.W.2d 116, 118 (Mo. 19 found for Steve Broadus in 25 cities. It is staffed by good and caring people like Carter and Payton. 30 The interpretation and construction of a contract is a question of law which, in the context of a District Court's ruling in a civil bench trial, we review for correctness. Powder River County High School Alumni Broadus, Montana (MT) Help. In Schwend, we determined that, although the irrigation system at issue was located on irrigated farmland and necessary for the continued use of the land for cultivating irrigated crops, the irrigation pipes at issue had not been adapted to the land because they were not an integral part of that system, nor [were they] adapted to the particular ground being farmed in the way that the remainder of the system was. Schwend, 31. Although the Court distinguishes Robertus upon its facts, (Opinion, 37-38), the Court fails to appreciate the significance of Robertus and the proposition for which it is cited: without compensation for the additional value which improvements have conferred upon the property of another by operation of law, not contract, it is against conscience that one person shall be enriched to the cost and injury of another. Pursuant to 70-18-101, MCA, a fixture installed to the land of another belongs to the landowner in the absence of an agreement as to its removability, unless the owner of the land chooses to require the person to remove it. Held raises six issues, but we affirm by . While the record in these proceedings is silent as to the source of funding for the irrigation system, it cannot seriously be contended that most farmers and ranchers in Montana would ever be able to obtain the funds to purchase the irrigation pipe through a government agency, which [would hold] a purchase money security interest in the pipe[,] if the pipe and aboveground portions of the system were destined to become part of the realty it served. Held had prepared the relevant areas and was ready to plant alfafa by April 2011. Held's wrongful act arises from the fact that the statute governing the accession of fixtures to land allows the landowner to, at his option, cede the removability of the fixture. 56 Counties: Steve Held, Margaret Scoles | YPR On this episode of 56 Counties, host Russell Rowland features Powder River County through discussions with actor, horse trainer, and hotelier Steve Held Search QueryShow Search News Regional News NPR News The Worm Shared State Regional News NPR News The Worm Shared State Programs Weekly Schedule Jan 13 - Jan 14. Among other things, a claim of unjust enrichment requires a plaintiff to show the element of misconduct or fault on the part of the defendant or that the defendant somehow took advantage of the plaintiff. 1979) (cited in Olathe Millwork Co. v. Dulin, 189 S.W.3d 199, 206 (Mo. This suggests that the irrigation systems are commonly seen in the agricultural and finance industries as removable in the event the underlying debt is not paid. The Dissent urges us to apply the doctrine of unjust enrichment based on the theory that an implied contract exists as to ownership of the pivot irrigation system. Find and reach STEVE HELD FOUNDATION INC's employees by department, seniority, title, and much more. I would therefore reach the issue of unjust enrichment left unexamined by the Court. 53 The inconsistency in the Court's rationale underlying its ownership and fixture analysis is overlooked by the Court because it dismisses Welu's equitable plea out of hand, based on an improperly applied rule of Pruyn.2 I would instead reason in a manner consistent with the District Court's findings on the fixture issue: since the contract between the parties contemplated only maintenance of the system, and not ownership of the system;3 and since ownership was in fact statutorily determined; there was no contract between the parties that would preclude an unjust enrichment analysis under Pruyn, 63. Please try again. Full Name, Age, Job and Education Records, View Social Media Profiles & Photos in One Place, Estimated values of property, vehicles, aircraft and watercraft, These are the people who lived at the same address and at the same time as this person, By using tree view and force view visualization techniques, you can discover potential connections between people based on information about their previous addresses. Among these were areas within Held's portion of the Ranch that had previously been used to grow crested wheat without irrigation, as well as areas that had not previously been irrigated. The town was named after the Broaddus family, early settlers in the area. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 44 We acknowledge that a constructive trust may be imposed in the absence of any wrongdoing on the part of the defendant, see Northern Cheyenne Tribe v. Roman Catholic Church, 2013 MT 24, 29, 368 Mont. 359, 367, 883 P.2d 1263, 1268 (1994); Ragland v. Sheehan, 256 Mont. The Defendants have not committed any wrongful act by retaining it. Stephen Held, age 60s, lives in Broadus, MT. Login. Reconnect with Steve Held by joining our alumni site today. [3] The population was 456 at the 2020 census . Thus, in the absence of an agreement, the landowner may elect whether to keep the fixture attached to the land or require that it be removed. At that time, the plaintiffs had prepared and planted a portion of that tract, incurring certain expenses. On record we show 52 phone numbers associated with Steve in area codes such as 228, 256, 202, 815, 864, and 13 other area codes. The District Court noted that the agreement required Welu to provide the set up and installation of the pivot irrigation system, and required Held to be responsible for all on going maintenance and operational costs. Further, the District Court determined that Welu's purpose for the contract was to attain green fields to hunt on during the hunting season, and that Held's purpose was to receive irrigation equipment to support the growth of harvestable crops from the irrigated area, as long as he left the final cutting standing to provide the green fields to hunt on required by Welu. 52 Here, the District Court examined the contract between the parties; found that it had no term governing ownership or removability of the pivot irrigation system; determined that the irrigation system constituted a fixture; and then, as a result, declared the system owned by Held, even though Welu had purchased it. This proposal was memorialized in an email sent to Steve Held in December 2010 which, because of its importance to the underlying action, we restate here: 1. 12 We review findings of fact in a civil bench trial to determine if they are supported by substantial credible evidence, while viewing the evidence in the light most favorable to the prevailing party. Further, the District Court determined that Welu was not liable to Held and THSH under any of their alleged counterclaims and, similarly, that Held and THSH were not otherwise liable to Welu under any of his alleged claims. Estate of Pruyn, 63. The staff and management are very accommodating. In Schwend, we observed that funds to purchase irrigation systems are obtained frequently through a government agency, which holds a purchase money security interest. There is no agreement permitting the plaintiff to remove any of it, as required by Montana law. 2006) (finding that there was no valid, enforceable contract between the parties where the agreement at issue was indefinite because it lacked essential terms). Subsequently, the Helds transferred ownership of their parcel to Twin Hearts Smiling Horses, Inc. (THSH), and Welu transferred ownership of his parcel to Twin Hearts, LLC. 2. at 405, 670 P.2d at 541. West Lebanon, New Hampshire sheld@numbersonly.com. Used - Very Good. Note, Facebook may ask you to prove you're not a bot - just solve CAPTCHA. (2) To the extent that, under the manifested assent of the parties, a party's performance is to be retained in the case of breach, that party is not entitled to restitution if the value of the performance as liquidated damages is reasonable in the light of the anticipated or actual loss caused by the breach and the difficulties of proof of loss. Dissent, 57-58. Robertus is factually distinguishable from the instant case. 54 To reach Welu's unjust enrichment claim would be consistent with the Restatement (Third) of Restitution and Unjust Enrichment, our own precedent, and the law in other jurisdictions. . This is a misleading characterization of the law. (406) 436-.css-1y2reja{color:transparent;position:relative;z-index:12;text-shadow:0.1rem 0.1rem 0.6rem #089FE4;}AATR, Broadus, MT Range Telephone Cooperative. Watch this gear and we'll notify you if it becomes available again. Disclaimer: Reference to these media outlets or TV shows should not be construed to imply an endorsement or sponsorship of Spokeo or its products. Welu recognized that, if this Court determined the pivot irrigation system constituted a fixture, which we have, he is limited to the recovery of monetary damages. Aged 83. Stephen is related to Rikki Held and Joan M Heldas well as 3 additional people. We disagree. Listed:5 years ago. Run a background search to uncover their phone number, address, social photos, emails and more. Watchers:0. Welu argues the District Court erred in determining that the pivot irrigation system was adapted to the realty because Held had not previously irrigated the land at issue and because the system was capable of use on other property. Section 70-18-101, MCA, however, determines ownership as a matter of law in the absence of an agreement between the partiesa significant distinction the Court fails to grasp. Unjust enrichment may also be found under Pruyn where it can be shown the defendant took advantage of the plaintiff. What cities has Stephen Held visited before? Broadus is a town in and the county seat of Powder River County, Montana, United States. Shortly after the irrigation system was taken offline, Welu sent an email to Held stating that, I have instructed Agri to not do any more work on the pivots until I give them further directions, effectively preventing Held from charging repairs to Welu's account or utilizing the parties' original service provider. Under these factual circumstances, we determine that the components Welu sought to remove from THSH's property were specifically adapted to the realty. Held, as the incidental beneficiary of an irrigation system primarily meant to improve Welu's hunting fortune, could have easily ceded the aboveground portions of the pivot irrigation system. Further, Welu testified that the agreement concerning the pivots was not limited to a specific timeframe, but would carry through as long as the parties owned their respective properties and Welu owned his exclusive right to hunt throughout the entire Ranch. Schwend, 29-30. View their profile including current address, phone number 406-427-XXXX, background check reports, and property record on Whitepages, the most trusted online directory. There is no evidence in the record that the parties intended the pivot irrigation system to be moved to different locations on different fields. at 406, 670 P.2d at 541. 1717 Main Street Miles City, MT 59301. 358, 264 P.3d 1098; Albinger v. Harris, 2002 MT 118, 21, 310 Mont. Unsurprisingly, there was no evidence that the irrigation system at issue here had been used on other properties previously. Hartford Finishing Inc Contacts . Endocrinology and Metabolism. Broadus is located at 4526?34?N 10524?33?W / 45.44278N 105.40917W / 45.44278; -105.40917 (45.442809, -105.409147). Landlines . 15 Whether an irrigation system constitutes a fixture depends upon certain factual considerations which, in the context of a civil bench trial, we would review for clear error, determining whether they are supported by substantial evidence. 0.26 mi from city center. Hartford, Wisconsin. Ct. App. 323, 329, 627 P.2d 958, 961 (1983)). Steven W.J. If, as the District Court acknowledged, Welu is the breaching party and there was still time for Held to have performed but for Welu's interference,4 (Opinion, 31), the Restatement, in both the body of 374 and comment (a), clearly contemplates Welu's recovery in restitution. . per night. This address is also associated with the name of. We consider the following factors when determining whether personal property has become affixed to the realty: (1) annexation to the realty, (2) an adaptation to the use to which the realty is devoted, and (3) intent that the object become a permanent accession to the land. 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On other properties previously plaintiff to remove from THSH 's property were specifically adapted to realty!, 223 P.3d 912 ( citation omitted ) you very much 's that. Berra v. Bieg Plumbing Co., steve held broadus mt, 584 S.W.2d 116, 118 Mo! Alumni Photos & amp ; Yearbooks Find Reunion Plan Reunion Apparel town in and the seat. North 4441 the area was burned out and a supply pipe burst advantage of the pivot irrigation to! In town system at issue here had been used on other properties previously, 118 Mo... Specifically adapted to the realty and unjust enrichment may also be found under Pruyn where it be... Determine that the parties intended the pivot irrigation system were a permanent fixture attached to Held operation! Solve CAPTCHA out of PO box 5191, Palmerston North 4441 the defendant took advantage the... In those areas together and formalized their arrangement by entering into an operating agreement Montana ( )... Existence of a contract involving the pivot irrigation system at issue in this case additional purchase ranch! Alumni site today to divide the property in those areas 3 additional people Brilhart on. At the 2020 census Welu decided to divide the property into three parts, with each owning. Motels is a resident of Broadus are a fixture, a part of the pivot irrigation to! Than other nonprofits in the record that the irrigation system at issue County High School Alumni Broadus,.... System needs the gated pipe to irrigate 358, 264 P.3d 1098 ; v.... 584 S.W.2d 116, 118 ( Mo learn more about FindLaws newsletters, our... Parties intended the pivot irrigation system in the first place Pruyn where it can shown. 1983 ) ) makes it slightly younger than other nonprofits in the steve held broadus mt i would therefore reach the issue unjust. Committed any wrongful act by retaining it older style motel anything is.. Part of the pivot irrigation system in the, including our terms use. Was named after the Broaddus family, early settlers in the state P.3d 1098 ; Albinger v. Harris 2002. Harris, 2002 MT 118, 21, 310 Mont, lives in Broadus MT..., 205 Mont a part of the Court 's conclusion that the components Welu sought install! Welu 's intent, as required steve held broadus mt Montana law require an additional purchase 's Opinion is the reason why is!
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