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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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06/05/2009
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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06/25/2009
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JURIS INITIAL BRIEF
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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O&5 & E-MAIL
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06/25/2009
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APPENDIX
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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O&5
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06/25/2009
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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FILED AS "MOTION FOR LEAVE TO FILE JURISDICTIONAL BRIEF OUT OF TIME"
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07/08/2009
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Petitioner's Motion for Leave to File Jurisdictional Brief Out of Time is granted and petitioner's jurisdictional brief was filed with this Court on June 25, 2009.
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07/22/2009
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JURIS ANSWER BRIEF
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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O&5 & E-MAIL
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07/22/2009
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APPENDIX
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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O&5 (DOES NOT CONTAIN COPY OF DCA DECISION)
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07/22/2009
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REQUEST-ORAL ARGUMENT
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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07/23/2009
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ORDER-APPENDIX STRICKEN
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Respondent's appendix does not comply with Florida Rule of Appellate Procedure 9.120(d) and is hereby stricken. If respondent so chooses, an amended appendix may be file within ten days from the date of this order, which contains only a copy of the opinion or order of the district court of appeal to be reviewed.
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10/02/2009
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ORDER-JURIS ACCEPTED/BRIEF SCHED
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The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument.
Petitioner's brief on the merits shall be served on or before October 27, 2009; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. Please file an original and seven copies of all briefs.
The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before December 2, 2009. The record shall include the briefs filed in the district court separately indexed.
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10/19/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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CONSISTING OF 5 VOLUMES AND 1 CONSTRUCTED VOLUME OF BRIEFS
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10/30/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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(DOES NOT STATE REASON(S) - (REQ'D AMEND MOTION - SEE ORDER DATED 11/02/2009) - 11/12/2009: AMENDED MOTION FILED
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11/02/2009
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ORDER-PROPER MOTION
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11/06/2009
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INITIAL BRIEF-MERITS
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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O&7 & E-MAIL (NO APPENDIX) REQ'D 0&7 OF APP
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11/06/2009
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MOTION-ATTORNEYS FEES
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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ORIGINAL ONLY (REQ'D 5 COPIES) 11/12/2009: 5 COPIES FILED
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11/12/2009
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APPENDIX
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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(TO PET'S INITIAL BRIEF-MIERTS) 0&7
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11/17/2009
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's amended motion for extension of time is granted and petitioner's initial brief on the merits was filed with this Court on November 6, 2009.
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11/30/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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11/30/2009
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MOTION-EXT OF TIME (MISC)
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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TO SERVE RESPONSE TO MOTION FOR APPELLATE FEES
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11/30/2009
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MOTION-TOLL TIME
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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TO SERVE ANSWER BRIEF ON THE MERITS
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12/02/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motions for extension of time are granted and respondent is allowed to and including December 21, 2009, in which to serve the answer brief on the merits and response to motion for appellate fees.
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12/14/2009
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Filing Fee $300
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2009 - 1012381 Amount: $300
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12/14/2009
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LETTER
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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DATED 12/10/2009 W/ENCLOSED CHECK IN THE AMOUNT OF $300.00 FOR THE FILING FEE
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12/14/2009
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Fee Paid in Full
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12/21/2009
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ANSWER BRIEF-MERITS
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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O&7 & E-FILE
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12/21/2009
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RESPONSE
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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TO PETITIONER'S MOTION FOR ATTY FEES (O&7)
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12/21/2009
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MOTION-ATTORNEYS FEES
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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O&7
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01/15/2010
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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01/25/2010
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REPLY BRIEF-MERITS
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PT Katherine Kaaa BY: PT Mark A. Neumaier 436208
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O&7 & E-MAIL
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02/02/2010
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner's reply brief on the merits was served on January 19, 2010, and filed with this Court on January 25, 2010.
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03/01/2010
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesay, May 4, 2010.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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03/01/2010
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ORAL ARGUMENT CALENDAR
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04/14/2010
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MOTION-AMICUS CURIAE
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DA1 The Florida Chapter Of Matrimonial Lawyers BY: DA1 Roberta G. Stanley 375845
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FILED AS "MOTION FOR LEAVE OF THE FLORIDA CHAPTER OF THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS TO JOIN IN SUPPORT OF AMICUS CURAIE BRIEF OF THE FAMILY LAW SECTION OF THE FLORIDA BAR" ("CAPTION" OF MOTION IN CORRECT - (04/15/10: AMENDED MOTION REQUESTED) - (AMENDED MOTION RECEIVED 04/16/2010)
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04/20/2010
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RESPONSE
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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IN OPPOSITION TO THE AMENDED MOTION OF THE FLORIDA CHAPTER OF THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS
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04/21/2010
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MOTION-AMICUS CURIAE
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DA1 Family Law Section Of The Florida Bar BY: DA1 Peter L Gladstone
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04/27/2010
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ORDER-AMICUS CURIAE DY
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The Motion of the Family Law Section of the Florida Bar for Leave to File Brief Amicus Curiae is hereby denied.
The Amended Motion for Leave of the Florida Chapter of the American Academy of Matrimonial Lawyers to File an Amicus Curiae Brief of the Family Law Section of the Florida Bar is hereby denied.
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04/28/2010
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RESPONSE
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RS Joseph Kaaa BY: RS Jeanie Elizabeth Hanna 328413
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OPPOSING THE MOTION OF THE FAMILY LAW SECTION OF THE FLORIDA BAR
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05/04/2010
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ORAL ARGUMENT HELD
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09/30/2010
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DISP-QUASHED & REMANDED
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In sum, when a marital home constitutes nonmarital real property, but is encumbered by a mortgage that marital funds service, the value of the passive, market-driven appreciation of the property that accrues during the course of the marriage is a marital asset subject to equitable distribution under section 61.075(5)(a)(2), Florida Statutes (2007). For the foregoing reasons, we quash the Second District's decision in Kaaa and approve the First District's decision in Stevens. Consequently, we remand this case for proceedings consistent with this opinion.
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10/15/2010
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MOTION-REHEARING
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RS Joseph Kaaa BY: RS Ellen Elizabeth Ware 588288
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FILED AS "RESPONDENT'S MOTION FOR REHEARING AND/OR FOR CLARIFICATION" (RC)
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10/29/2010
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ORDER-ATTY FEES DY (J/M/O)
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Petitioner's motion for attorney's fees is hereby denied. Respondent's motion for attorneys' fees is hereby denied.
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03/31/2011
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DISP-REHEARING DY IN LIGHT OF REVISED OPINION
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In light of the revised opinion, the Respondent's "Motion for Rehearing and/or for Clarification" is hereby denied. (RC)
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04/21/2011
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MANDATE
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CC: COUNSEL
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04/21/2011
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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1 VOLUME CONSTRUCTED BRIEFS AND 5 VOUMES RECORD
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06/07/2011
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ARCHIVES
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file
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