Wednesday, August 3, 2011

Crow Indian parents seek justice for murdered son

Family says FBI agent was prejudiced toward Native Americans and failed to adequately investigate the murder of their son .

By Brenda Norrell
Censored News
http://www.bsnorrell.blogspot.com

SEATTLE -- A Native American family is in Seattle today, seeking justice in the murder of their son, Steven Bearcrane, murdered on Crow Indian land in 2005. The family said the FBI agent in the case did not adequately investigate the murder and treated the family "like we were wasting his time."

"There is so much to this murder that it frustrates any one when they hear the details. The pain of losing our son is hard to deal with; but when there is absolutely no justice for our son or our family, we as a family suffer in our grief. Although the evidence shows murder the FBI did a very poor investigation and the US Attorney’s Office accepted it 'as is,'" the family said in a message to Censored News.


"We are now in Seattle for our hearing in the Ninth Circuit on Thursday, Aug 4, at 9 a.m.  We had gotten a call late Monday from a woman who (we have never met) she said she heard about our case and is going to be at the court house with a banner and some others to meet us before we go in. WOW! this was very surprising! It is very comforting when others care," the family said.

Please see below the court documents and letter to the editor:
-----------------------------------------------------------------------------------------------------------------
The case is captioned Earline Cole v. Matthew Oravec, U.S. District Court case no.


CV-09-21-BLG-RFC-CFO, 9

th Circuit Court of Appeals case no. 11-35710.


Page 1 of 3


P

ATRICIA S. BANGERT


A

TTORNEY AT LAW, LLC


3773 Cherry Creek Drive North


Suite 575


Denver, Colorado 80209


Telephone: 303.228.217


Facsimile: 303.399.6480


Email:

pbangertlaw@aol.com


July 28, 2011


Honorable Michael W. Cotter


United States Attorney for Montana


2929 3

rd Avenue North


Billings, Montana 59102



Re


: Steven Bearcrane


Dear U.S. Attorney Cotter:


This requests that you ask the Bureau of Indian Affairs (“BIA”) to conduct an


investigation into the murder of Steven Bearcrane, a member of the Crow Tribe. Steven


Bearcrane, was shot in the head and killed on February 2, 2005, by a Caucasian co-worker on a


ranch on which both men worked, within the Crow Reservation. The co-worker claimed that he


killed Steven in self-defense after Steven allegedly came at him with a knife. The FBI agent


investigating the homicide, Special Agent Matt Oravec, agreed with the killer. Oravec even took


it upon himself to tell the Crime Victim’s Compensation staff that Steven’s relatives were not


entitled to assistance under the Victim’s Crime Act (Crime Victims’ Rights Act, 18 U.S.C.


§3771, and, 42 U.S.C. §10607 (Victims Rights and Restitution Act of 1990)), because Steven’s


murder was a case of self-defense. A review of the evidence available to Steven’s parents,


Earline and Cletus Cole, proves that Special Agent Oravec did an inadequate investigation in the


case, they believe, because of his animosity toward Native Americans.


Further, the parents of Steven Bearcrane and other reservation members have filed suit


against the FBI and the U.S. Attorney’s Office in South Dakota alleging violations of equal


protection arising out of the agencies’ discriminatory provision of law enforcement services


(investigative and prosecutorial) to Native Americans.

1 Since the filing of that case, the FBI and


U.S. Attorney’s Office refuse to follow-up on new evidence in the case. Steven’s killer has not


been prosecuted and Steven’s mother, daughter and other family have to see him in town.


Page 2 of 3


Representative of the evidence showing inadequate investigation and prosecution is the


following: Crime-scene photographs show Steven lying in a pool of blood on the floor of the


ranch trailer in which he was killed. The knife with which Steven supposedly attacked the killer


was lying

in its sheath under an electrical cord, under the left side of Steven’s body (Steven was


right-handed). To believe that Steven’s killer acted in self-defense, Special Agent Oravec had to


believe that the knife was magical and somehow flew out of Steven’s hand back into its sheath,


and, then, flew under Steven’s body. Rather than believe in magical knives, it is more


reasonable to infer that Oravec has animosity toward Native Americans, such as Steven


Bearcrane, that affects his actions in cases involving Native American victims. In fact, Oravec


has been heard making disparaging remarks about Native Americans.


While in the Montana FBI Field Office, Special Agent Oravec exhibited the same


disregard of Native American victims in other cases. In the Springfield case, Robert Springfield


went on a hunting trip on the reservation and never came back. The FBI refused to investigate


his disappearance. When Mr. Springfield’s body was found many months later, the FBI refused


to investigate his death even though there were several persons who wanted to give statements.


Further, Oravec delayed Springfield’s identification, thus depriving the family of Social Security


death benefits.


Perhaps most disturbing is the FBI’s refusal to consider substantial new evidence about


Steven Bearcrane’s killing. Last winter, new evidence emerged about Steven’s murder and


Oravec’s animosity toward Native Americans. Specifically, a non-Indian woman who was also


working on the ranch the day of Steven’s murder executed an affidavit.

See attached affidavit.


In that affidavit, among other things, the co-worker stated that a month or so before Steven’s


murder, his killer bragged about being a sniper, and that could kill someone and make it look


like self-defense.” The co-worker stated that the ranch foreman had entered the trailer right after


Steven was murdered and saw no knife near his body, but did observe that a knife had been


planted later. She stated that the killer had a very aggressive dog who would not let anyone near


him if the dog felt that the killer was threatened. The co-worker stated that she tried to tell these


things to Special Agent Oravec, but that he cut her off and commented that “Indians can’t hold


their liquor and drugs.” She said that she tried to tell these facts to the Grand Jury but that the


Assistant U.S. Attorney, Maura Kohn, would not allow her to testify regarding these issues.


I sent that affidavit to Shon Hastings, an attorney representing the FBI and the U.S.


Attorney’s Office in the civil case, months ago. As far as I know, neither the FBI nor the U.S.


Attorney’s Office has taken any action with regard to the new evidence. I also sent the affidavit


to Edward Himmelfarb, the attorney representing the Department of Justice in the civil case


brought by Steven’s parents to force the FBI to treat Native American crime victims the same as


Caucasian crime victims. His only response was that the United States would not allow the


federal court to see the affidavit.


It is hard to understand, as a practical and ethical matter, why there has been such


reluctance, as well as active resistance by the Department of Justice (“DOJ”), and its agency, the


Page 3 of 3


FBI, to fully investigate Steven’s murder. It is even harder to understand why that reluctance and


active resistance continues after the agencies received the affidavit from Steven’s co-worker, a


person who has no interest in the murder other than to see justice furthered. The only conclusion


one can draw from these facts is that animosity against Native Americans is institutionalized in


some DOJ offices.


Further, it is this kind of disregard and disrespect for Native American crime victims that


has contributed to the horrendous and unforgivable crime on reservations: the most recent Bureau


of Justice Statistics report showed that: (a) from 1976 to 2001 an estimated 3,738 American


Indians were murdered; (b) among American Indians age 25 to 34, the rate of violent crime


victimizations was more than 2½ times the rate for all persons the same age; and (c) rates of


violent victimization for both males and females were higher for American Indians than for all


races.

See American Indians and Crime: A BJS Statistical Profile, 1992-2002, 12/04 NCJ


203097). The highest crime rate

per capita occurs on Indian reservations. See Testimony of


Hon. Anthony Brandenburg, Chief Judge, Intertribal Court of Southern California before the


Senate Committee on Indian Affairs, regarding a Legislative Hearing on S. 797, the Tribal Law


Enforcement Act of 2009, June 25, 2009. A report released by the Department of Justice found


that Native American women suffer violent crime at a rate three and a half times greater than the


national average (

Native American Women and Violence, Lisa Bhungalia, National NOW Times,


Spring, 2001); in fact, one in three Native American women will be raped in their lifetime and 75


percent of perpetrators of those crimes are non-Indian (

See American Indians and Crime: A BJS



Statistical Profile


, 1992-2002, 12/04 NCJ 203097). Even the human rights group “Amnesty


International” has documented the deplorable lack of investigation and prosecution of sexual


abuse involving Native Americans.

See, for example,



http://www.amnestyusa.org/document.php?id=ENGAMR510352007

.


Because of their concerns that the FBI or other parts of the Department of Justice can be


impartial or can perform an adequate investigation, Earline and Cletus Cole respectfully request


that you ask the BIA Law Enforcement Services to conduct an investigation into Steven


Bearcrane’s murder. The Coles believe that the criminal investigators within the BIA may be


able to provide valuable assistance to the DOJ in determining whether prosecution is warranted


in Steven’s murder. Please feel free to contact me if you wish to discuss the matters contained


herein. Thank you.


Sincerely,


Patricia S. Bangert


cc: Honorable Ken Salazar, Secretary, DOI


Honorable Larry Echo Hawk, Assistant Secretary, BIA

Darren Cruzan, Deputy Bureau Director, OJS--------------------------------------------------------------------------------------------------------------------


July 15, 2011
Dear Editor


My name is Cletus Cole and I am an enrolled member or the Gros Ventre Tribe of Fort Belknap.  I am married and have a home in the rural area of Billings, Montana.  This home is located 11 miles out and within the boundaries of the Crow Reservation. 
My wife Earline and I have 1 daughter and 4 sons, one of which we have lost one in the most tragic way imaginable.  Earline and our children are all enrolled members of the Crow Tribe. 

Steven, the son we lost, is the reason for this letter.  Steven was at work when he was shot and killed on February 2, 2005, and the shooter is a non-Indian and was never charged with anything or never spent one night in jail.  This happened down the road from our home where Steven was employed as a ranch hand. 

There is so much to this murder that it frustrates any one when they hear the details. The pain of losing our son is hard to deal with; but when there is absolutely no justice for our son or our family, we as a family suffer in our grief.  Although the evidence shows murder the FBI did a very poor investigation and the US Attorney’s Office accepted it “as is.”

The FBI agent assigned to the Crow Reservation at that time always treated Indian victims and their families with no worth or importance.  The agent showed us no concern when meeting at the FBI office with us about Steven’s case.  In fact, the agent acted like we were wasting his time. 
We filed a civil case claiming racial discrimination against the FBI and the US Attorney’s office of South Dakota in the Federal District Court in Billings to try to get the court to order them to do their jobs in regard to Indian victims of crime.  The FBI and DOJ and their employees claimed sovereign immunity.  However, the court would not let the FBI agent claim sovereign immunity but everyone else was able to.  In other words, sacrifice the lowest man on the totem pole.  The FBI agent through the DOJ is now appealing in the 9th Circuit court and our court date for oral arguments is Aug. 4, 2011 at 9:00 a.m. in Seattle WA. 


We as Indian people know firsthand what prejudice is and when the offices that should protect us and administer “JUSTICE FOR ALL” do not do this, then that leaves us as “Vulnerable Victims of All” people who want to commit crimes against Indians.  Crime happens everywhere but, as you know, it is most rampant on reservations. 
The MSU-Missoula journalism school picks an issue to investigate and sends teams out to investigate and write a magazine which is published every May and distributed in the Great Falls paper.  Crime on reservations was the topic of 2009 there was a story from every Montana reservation.  The story of Steven’s murder was the cover and center-page story and told of all the extremes measures we have done to pursue justice.  Going to the 9th Circuit Court is another is another endeavor we are doing in the hopes of achieving justice. 


Injustice is not only in Montana but we have found along the way that reservations in other states also experience this.  This case will set precedence for all Indian people in the 9th circuit states over the treatment of Indian victims and we feel it is very important to have as much support as can be given.  We are asking if any person or persons would come and attend the hearing and make their presence to be seen at this hearing.  Your attendance will show the 9th Circuit Court Judges the seriousness of the injustice done to Indians and that injustice because of our race is wrong.
Sincerely,   


Cletus and Earline Cole

1

The case is captioned Earline Cole v. Matthew Oravec, U.S. District Court case no.

CV-09-21-BLG-RFC-CFO, 9

th Circuit Court of Appeals case no. 11-35710.

Page 1 of 3


P

ATRICIA S. BANGERT

A

TTORNEY AT LAW, LLC

3773 Cherry Creek Drive North
Suite 575
Denver, Colorado 80209


Telephone: 303.228.217
Facsimile: 303.399.6480
Email:

pbangertlaw@aol.com

July 28, 2011
Honorable Michael W. Cotter
United States Attorney for Montana
2929 3

rd Avenue North

Billings, Montana 59102



Re


: Steven Bearcrane

Dear U.S. Attorney Cotter:
This requests that you ask the Bureau of Indian Affairs (“BIA”) to conduct an
investigation into the murder of Steven Bearcrane, a member of the Crow Tribe. Steven
Bearcrane, was shot in the head and killed on February 2, 2005, by a Caucasian co-worker on a
ranch on which both men worked, within the Crow Reservation. The co-worker claimed that he
killed Steven in self-defense after Steven allegedly came at him with a knife. The FBI agent
investigating the homicide, Special Agent Matt Oravec, agreed with the killer. Oravec even took
it upon himself to tell the Crime Victim’s Compensation staff that Steven’s relatives were not
entitled to assistance under the Victim’s Crime Act (Crime Victims’ Rights Act, 18 U.S.C.
§3771, and, 42 U.S.C. §10607 (Victims Rights and Restitution Act of 1990)), because Steven’s
murder was a case of self-defense. A review of the evidence available to Steven’s parents,
Earline and Cletus Cole, proves that Special Agent Oravec did an inadequate investigation in the
case, they believe, because of his animosity toward Native Americans.
Further, the parents of Steven Bearcrane and other reservation members have filed suit
against the FBI and the U.S. Attorney’s Office in South Dakota alleging violations of equal
protection arising out of the agencies’ discriminatory provision of law enforcement services
(investigative and prosecutorial) to Native Americans.

1 Since the filing of that case, the FBI and

U.S. Attorney’s Office refuse to follow-up on new evidence in the case. Steven’s killer has not
been prosecuted and Steven’s mother, daughter and other family have to see him in town.
Page 2 of 3
Representative of the evidence showing inadequate investigation and prosecution is the
following: Crime-scene photographs show Steven lying in a pool of blood on the floor of the
ranch trailer in which he was killed. The knife with which Steven supposedly attacked the killer
was lying

in its sheath under an electrical cord, under the left side of Steven’s body (Steven was

right-handed). To believe that Steven’s killer acted in self-defense, Special Agent Oravec had to
believe that the knife was magical and somehow flew out of Steven’s hand back into its sheath,
and, then, flew under Steven’s body. Rather than believe in magical knives, it is more
reasonable to infer that Oravec has animosity toward Native Americans, such as Steven
Bearcrane, that affects his actions in cases involving Native American victims. In fact, Oravec
has been heard making disparaging remarks about Native Americans.
While in the Montana FBI Field Office, Special Agent Oravec exhibited the same
disregard of Native American victims in other cases. In the Springfield case, Robert Springfield
went on a hunting trip on the reservation and never came back. The FBI refused to investigate
his disappearance. When Mr. Springfield’s body was found many months later, the FBI refused
to investigate his death even though there were several persons who wanted to give statements.
Further, Oravec delayed Springfield’s identification, thus depriving the family of Social Security
death benefits.
Perhaps most disturbing is the FBI’s refusal to consider substantial new evidence about
Steven Bearcrane’s killing. Last winter, new evidence emerged about Steven’s murder and
Oravec’s animosity toward Native Americans. Specifically, a non-Indian woman who was also
working on the ranch the day of Steven’s murder executed an affidavit.

See attached affidavit.

In that affidavit, among other things, the co-worker stated that a month or so before Steven’s
murder, his killer bragged about being a sniper, and that could kill someone and make it look
like self-defense.” The co-worker stated that the ranch foreman had entered the trailer right after
Steven was murdered and saw no knife near his body, but did observe that a knife had been
planted later. She stated that the killer had a very aggressive dog who would not let anyone near
him if the dog felt that the killer was threatened. The co-worker stated that she tried to tell these
things to Special Agent Oravec, but that he cut her off and commented that “Indians can’t hold
their liquor and drugs.” She said that she tried to tell these facts to the Grand Jury but that the
Assistant U.S. Attorney, Maura Kohn, would not allow her to testify regarding these issues.
I sent that affidavit to Shon Hastings, an attorney representing the FBI and the U.S.
Attorney’s Office in the civil case, months ago. As far as I know, neither the FBI nor the U.S.
Attorney’s Office has taken any action with regard to the new evidence. I also sent the affidavit
to Edward Himmelfarb, the attorney representing the Department of Justice in the civil case
brought by Steven’s parents to force the FBI to treat Native American crime victims the same as
Caucasian crime victims. His only response was that the United States would not allow the
federal court to see the affidavit.
It is hard to understand, as a practical and ethical matter, why there has been such
reluctance, as well as active resistance by the Department of Justice (“DOJ”), and its agency, the
Page 3 of 3
FBI, to fully investigate Steven’s murder. It is even harder to understand why that reluctance and
active resistance continues after the agencies received the affidavit from Steven’s co-worker, a
person who has no interest in the murder other than to see justice furthered. The only conclusion
one can draw from these facts is that animosity against Native Americans is institutionalized in
some DOJ offices.
Further, it is this kind of disregard and disrespect for Native American crime victims that
has contributed to the horrendous and unforgivable crime on reservations: the most recent Bureau
of Justice Statistics report showed that: (a) from 1976 to 2001 an estimated 3,738 American
Indians were murdered; (b) among American Indians age 25 to 34, the rate of violent crime
victimizations was more than 2½ times the rate for all persons the same age; and (c) rates of
violent victimization for both males and females were higher for American Indians than for all
races.

See American Indians and Crime: A BJS Statistical Profile, 1992-2002, 12/04 NCJ

203097). The highest crime rate

per capita occurs on Indian reservations. See Testimony of

Hon. Anthony Brandenburg, Chief Judge, Intertribal Court of Southern California before the
Senate Committee on Indian Affairs, regarding a Legislative Hearing on S. 797, the Tribal Law
Enforcement Act of 2009, June 25, 2009. A report released by the Department of Justice found
that Native American women suffer violent crime at a rate three and a half times greater than the
national average (

Native American Women and Violence, Lisa Bhungalia, National NOW Times,

Spring, 2001); in fact, one in three Native American women will be raped in their lifetime and 75
percent of perpetrators of those crimes are non-Indian (

See American Indians and Crime: A BJS


Statistical Profile


, 1992-2002, 12/04 NCJ 203097). Even the human rights group “Amnesty

International” has documented the deplorable lack of investigation and prosecution of sexual
abuse involving Native Americans.

See, for example,


http://www.amnestyusa.org/document.php?id=ENGAMR510352007

.

Because of their concerns that the FBI or other parts of the Department of Justice can be
impartial or can perform an adequate investigation, Earline and Cletus Cole respectfully request
that you ask the BIA Law Enforcement Services to conduct an investigation into Steven
Bearcrane’s murder. The Coles believe that the criminal investigators within the BIA may be
able to provide valuable assistance to the DOJ in determining whether prosecution is warranted
in Steven’s murder. Please feel free to contact me if you wish to discuss the matters contained
herein. Thank you.
Sincerely,
Patricia S. Bangert
cc: Honorable Ken Salazar, Secretary, DOI
Honorable Larry Echo Hawk, Assistant Secretary, BIA
Darren Cruzan, Deputy Bureau Director, OJS----------------------------------------------------------------------------------------------------
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

EARLINE COLE, as an individual and as )

personal representative of the )

ESTATE OF STEVEN BEARCRANE, )

CLETUS COLE, as an individual and )

as personal representative of the )

ESTATE OF STEVEN BEARCRANE, )

PRECIOUS BEARCRANE, minor child, )

VERONICA SPRINGFIELD, as an )

individual and as personal )

representative of the )

ESTATE OF ROBERT, SPRINGFIELD )

and )

VELMA SPRINGFIELD, minor child, )

Plaintiffs, )

)

)

)

)) )

)

)

)

)

)

)

)

----------------------------~)

v.

FEDERAL BUREAU OF

INVESTIGATIONS, SALT

LAKE FIELD OFFICE,

UNITED STATES ATTORNEYS

OFFICE FOR SOUTH DAKOTA,

ERNEST WEYAND, in his official and

individual capacities,

and

MATTHEW ORAVEC, in his individual

capacity,

Defendants.

CV-09-21-BLG-RFC-CFO

AFFIDAVIT OF

KASSANDRA LEACHMAN

I, Kassandra Leachman, state that I have personal knowledge of and am competent

to testify about the facts stated in this affidavit, and state as follows:

1. I was employed by Black Ranches, the parent company to Leachman

Hairpin Cavvy, from March 2004 to November 2005 as a ranch hand
. Iwas employed in

that capacity and at work on February 2. 2005. the day Steven Bearcrane, also a ranch

hand, was shot by Bob Holcomb, another ranch hand.

2. At the Christmas party prior to the murder of Steven Bearcrane, Holcomb

was bragging about how he was a sniper and how he could kill a person and make it look

like he had done so in self defense. He seemed to almost brag about how he would only

need one bullet, as he would be sure and make it a kill shot right between the eyes.

3. At around noon on the day Steven was killed, another employee and I went

into the trailer in which Holcomb was staying to make lunch. The Company allowed

employees free access to the trailer. The trailer was about 50 yards from the barn. While

there, I saw a loaded handgun in a holster on the dining room table, something that was

unusual to me.

4. Around noon on February 2, 2005, Bob Holcomb and Steven Bearcrane

went out with their two horses in a trailer to tend to horses that were pastured

approximately 1.5 miles from the sale barn. Later, I saw Holcomb come back to the barn

with his horse in the trailer. Holcomb threw his saddle in a truck and went right to the

trailer without saying anything to me or other employees.

5. A little later, Steven came back to the barn riding bareback on his horse.

He got off the horse to get the gate, and then, back on to ride the rest of the way to the

2

barn. I have seen many people attempt to ride or mount a horse while impaired. Steven

did not appear to be impaired in any way, especially because he was riding bareback and

was able to get back on after going through the gate without any trouble or assistance.

6. Steven put his horse away and walked up to the trailer. The ranch foreman,

Rodger Reitman, went up to the trailer a short time later. When he came out, he said that

Holcomb had shot Steven.

7. Reitman went back into the trailer. When he came out, he told me that

there was a knife under Steven's body near his offhand. Reitman said that the knife had

not been there the first time he had gone into the trailer after Steven was shot. Reitman

said that the knife had been planted.

8. Approximately 2 hours later, the Yellowstone Sheriff s deputies arrived.

They put up police tape that they took down two days later.

9. Matt Oravec from the FBI came out to the ranch several days after the

murder. We met in his truck. I wanted to tell him what I knew about Steven's murder,

but, he did not want to listen. He told me that Steven's alcohol and drug levels were "off

the chart" and said that "Indians can't hold their liquor and drugs." He said that they

have a genetic and allergic reaction to alcohol. Oravec wouldn't let me elaborate on any

of the points I was trying to make. He was very intimidating. I got the impression that

his interviewing me was a formality, and that he already had his mind made that Steven

was to blame for his own murder.

3

10. Later
, I testified in front of a grand jury. Again, I wanted to tell my story,

but
, the prosecutor, Maura Kohn, asked questions in a way that prevented me from

telling the whole story or elaborating on any points. I testified for about 15 minutes. I

have not been contacted by any other government official.

11. I do not believe that Steven attacked Bob Holcomb on February 2, 2005.

Steven Bearcrane was a kind and gentle man, who I would describe as a "horse

whisperer." I never saw him out of control or violent. He was a good worker who

provided for his family and he was a great father.

12. Also, Holcomb had a very mean and aggressive dog who attacked

everyone. There is no way that the dog would have allowed Steven to attack Holcome.

I swear or affirm that the foregoing facts are true to the best of my knowledge,

information and belief.


DATED

this F-I day ofAtly, 2010~0£0


5..
t?pfflKP.er


-

-- Kassandra Leachman

4


STATE OF TE

XAS )


)

ss:


C

OUNTY OF /dtUtW )


.

Subscribed and sworri to before me by Kassandra Leachman this IJ day of


~.20

10. ~~~ '


-
$~LP~..YYL0.e r


W

itness my Hand and Official Seal


My

Commission Expires on:

5

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Censored News is published by censored journalist Brenda Norrell. A journalist for 27 years, Brenda lived on the Navajo Nation for 18 years, writing for Navajo Times, AP, USA Today, Lakota Times and other American Indian publications. After being censored and then terminated by Indian Country Today in 2006, she began the Censored Blog to document the most censored issues. She currently serves as human rights editor for the U.N. OBSERVER & International Report at the Hague and contributor to Sri Lanka Guardian, Narco News and CounterPunch. She was cohost of the 5-month Longest Walk Talk Radio across America, with Earthcycles Producer Govinda Dalton in 2008: www.earthcycles.net/
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