Citation
Amendment to code of fair competition for the crushed stone, sand and gravel, and slag industry as approved on August 24, 1934

Material Information

Title:
Amendment to code of fair competition for the crushed stone, sand and gravel, and slag industry as approved on August 24, 1934
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
Supt. of Documents
Publication Date:
Language:
English
Physical Description:
6 p. : ; 23 cm.

Subjects

Subjects / Keywords:
Crushed stone industry -- Law and legislation ( lcsh )
Slag cement -- Law and legislation ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )

Notes

General Note:
"1037-1-1, Code no.109, Amend. no.1"

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
63655102 ( OCLC )
ocm63655102

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3ndment No. I


Registry No. 1037-1-01


NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

CRUSHED STONE, SAND AND

GRAVEL, AND SLAG

INDUSTRY


AS APPROVED ON AUGUST 24, 1934





R
HEMUEN




WE DO OUR PART





U. !

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents, Washington. D.C. Price 5 cents






















This publication Is for sale by the Suipt-riiintiu',Int of Documents, Government
Printing Office, W:,l-lilhit(i, D.C., and by district oi-ces of the Bureau of
Foreign and Domestic Commerce.
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Approved Code No. 109-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

CRUSHED STONE, SAND AND GRAVEL, AND SLAG
INDUSTRY

As Approved on August 24, 1934


ORDER

APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
CRUSHED STONE, SAND AND GRAVEL, AND SLAG INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933 for approval of an amend-
ment to a Code of Fair Competition for the Crushed Stone, Sand
and Gravel, and Slag Industries, and hearings having been duly
held thereon and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to the
President:
NOW THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate by reference, said
annexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment
be and it is hereby approved, and that the previous approval of
said Code is hereby modified to include an approval of said Code
in its entirety as amended, such approval and such amendment to
take effect ten (10) days from the date hereof unless good cause to
the contrary is shown to the Administrator before that time and
the Administrator issues a subsequent order to that effect.
HUGH S. JOHNSON,
Admnin.istrator for Iudlustrial Recovery.
Approval recommended:
C. E. AD.AMS,
Division Administrator.
WASHINGTON, D.C.,
August 19344.
82312--1044-114----34 (11










REPORT TO THE PRESIDENT


The PRr.'r-nNTr,
T'/,, White House.
SIR: This is a report on the an-iindrnent to the Code of Fair
Competition for the Crwi-hed Stone, Sand and Gravel, and Slag
Industries as approved by you November 10, 1933. This amendment
was submitted June 20, 1934 by the Code Authority for the Crushed
Stone, Sand and Gravel, and Slag Indu.tries, and a public hearing
thereon was conducted July 17, 19:31 in Wal-hington, D.C.
The National Crushed Stone Association, Inc. The National Sand
and Gravel Association, Inc., The National Siag Association, the
National Association of Portable Stone, Sand and Gravel Producers,
and the Associated General Contractors of America, Inc., either
participated in the hearing or join with the Code Authority in
sponsoring the amendment.
This amendment was proposed pursuant to Executive Order No.
(;(;7S dated April 14, 1934 and to my Administrative Order No.
X-36, dated May 26, 1934. The amendment has since been revised,
with the assent of the Code Authority, in accordance with sugges-
tions made by the Legal Division.
The primary purpi'se of the amendment is to govern the collec-
tion of contributions for Code maintenance by the Code Authority
of the Crushed Stone, Sand and Gravel, and Slag Industries, and
by various administrative comnmittee.- set up under the Code. This
purpose is carried out particularly in Amendioent. No. 8, which will
make m' n!-e.:- ..,ry the r.,gi-.tercd producer" ;i c -reatrd in the ap-
proved Code. The other nine aimendrmints are iintcndled to eliminate
various reIfervI.'ies to "rv.i.-tcred producers" and in other ways to
make effective Atnn!dmnwllt No. 8.
The Deputy Admniii-trator in his final report to me on said
amendment to said Code having found as herein set forth and on
the basis of the proceedings in this matter:
I find that:
(a) The amendment to said Code and the Code as amended are
well dec.ignrd to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof and will provide for the general
welfare by promoting the organization of industry for the lpurpiise
of cooperative action among trade groups by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
(2)






through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended comiplies in all respects with the per-
tinent provi-ion of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7, and
sub-section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or montipolistic practices.
(d) The amendment and the Code as amended are not designed
to and will not eliminate, or oppress small enterprises and will not
operate to discriminate against, them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said amen(lment.
For these reasons, therefore, I have approved this amendment.
Respectfully,
HUGH S. JOUINSON,
A din istrator.
AUGUST 24, 1934.











AMENDMENT TO CODE OF FAIR COMPETITION FOR
CRUSHED STONE, SAND AND GRAVEL, AND SLAG
INDUSTRY
'AMENDMENT NO. 1
Article II, Section 5 is amended by striking out subsection (d)
thereof.
AMENDMENT NO. 2

Article II, Section 9 is amended by striking out the word "regis-
tered in the second line thereof.

AMENDMENT No. 3

Article VI, Section 4 is nimended by striking out subsection (c)
thereof and substituting therefore the following:
Voting Eligibility.-Any member of the industries as defined in
Article II hereof, or producers in other industries that with the
approval of the President. may from time to time be governed by
the provisions of this Code, shall be entitled to participate in and
share the benefits of the activities of the Code Authority and of other
committee established herein and to participate in the selection of
members thereof by complying with the requirements of this Code."

AMENDMENT NO. 4

Article VI, Section 4 is amended by striking out the word regis-
tered in the first line of subsetction (d) thereof.

AMENDMENT NO. 5

Article VI, Section 4 is amended by striking out the word regis-
tered in the first line of subsection (e) thereof.
AMENDMENT NO. 6

Article VI, Section 4 is amended by striking out the word regis-
tered in the first line of subsection (f) thereof.
AMENDMENT No. 7

Article VI, Section 5, Subsection (a) is amended by substituting
a period for the comma following the word collected in the third
line of paragraph (5), and striking out the remainder of the
paragraph.






AMENDMENT No. 8

Article VI, Section 5, Subsection (a) is amended by adding the
following thereto:
"(11) Budget and Basis of Conir,'butfon.-1. It being found neces-
sary in order to support the administration of this Code and to
maintain the standards of fair competition established hereiunder and
to effectuate the policy of the Act, the Code Authority is authorized:
"(a) To incur such rea.-onable obligations as are necessary and
proper for the foregoing purpos',s, and to meet sirh obligations. out
of funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Code;
"(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes; (2) itemized budgets of the estimated expenses of regional,
state, district and division committees for the foregoing purposes;
(3) an equitable basis of contribution upon which the funds neces-
sary to support the budget of the Code Authority shall be contributed
by all members of the Industries; and (4) equitable bases of contribu-
tion upon which the funds necessary to support the budgets of
regional, state, district, and division committees may be contributed
by all members of the Industries in such regions, states, districts, and
divisions, respectively; all such bases of contribution shall be estab-
lished by the Code Authority.
"(c) After such budget and bases of contribution have been
approved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industries, and
to that, end, if necessary, to institute legal proceedings therefore in its
own name.
"2. Each member of the Industries shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority and of other committees established under the Code, deter-
mined as hereinabove provided, and subject to rules and regulations
pertaining thereto issued by the Administrator. Only members of
the Industries complying with the Code and contributing to the ex-
penses of its administration as hereinabove provided, unless duly
exempted from making such contributions, shall be entitled to par-
ticipate in the selection of members of the Code Authority and of
other committees established under the Code, or to receive the benefits
of any of its voluntary activities or to make use of any emblem or
insignia of the National Recovery Administration.
"3. The Code Authority and any committee established under the
Code shall neither incur nor pay any obligation substantially in ex-
cess of the amount thereof as estimated in its approved budget, and
shall in no event exceed the total amount contained in the approved
budget except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved."







AMENDMENT NO. 9

Article VI, Section 5 is amended by striking out the second para-
graph of subsection (b) thereof and substituting therefore the
following:
"The regional committee shall maintain the authoritative list of
producers in each region who are complying with all provisions of
the Code. The regional committee shall not continue the name of
any producer on the list who has failed to pay his equitable contribu-
tion as determined by the Code Authority in accordance with the
provisions of the Code."
AMENDMENT No. 10
Article VI, Section 7 is amended by striking out subsection (b)
thereof and substituting therefore the following:
"Producers.-Each producer shall be entitled to one vote, except
as otherwise provided in this Section; provided any such producer
who within one year prior to the effective date has sold and shipped
the products of any or all the industries governed by this Code may
vote individually and separately as a member of any or all such
industries."
AMENDMENT No. 11
Article VI, Section 7 is amended by striking out the word "regis-
tered as it appears in the sixth, eleventh, fourteenth and in the
twenty-ninth lines of subsection (c) thereof, and by adding the fol-
lowing as the last sentence of this subsection: "Only those pro-
ducers complying with the Code shall be eligible to vote."

AMENDMENT NO. 12
Article VI, Section 7 is amended by adding the following as the
last sentence of subsection (d) thereof: bOnly those marketers
complying with the Code shall be eligible to vote.'
AMENDMENT No. 13
Article VI, Section 7 is amended by striking out the word regis-
tered in the fifth line of subsection (e) thereof and by adding the
following as the last sentence of this subsection: "Only those pro-
ducers complying with the Code shall be eligible to vote."
AMENDMENT No. 14
Article VI is amended by striking out Section 10.

AMTENDMrENT No. 15
Article VII, Section 5 is amended by striking out the word regis-
tered as it appears in the fifteenth, twenty-first, and in the twenty--
third lines of subsection (a) thereof.
Approved Code No. 10--Amendment No. 1.
Registry No. 1037-1-01.
O




Full Text

PAGE 1

'=ndm=ent N=o. l==Re=gistry=No.====103=7 1===:-011 I NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COl'iiPETITION FOR THE CRUSHED STONE, SAND AND GRAVEL, AND SLAG INDUSTRY AS APPROVED ON AUGUST 24, 1934 'WE DO OUR PAR'f UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by Superintendent of Documents, Washington, D.C. --• • • • Price 5 cent11

PAGE 2

This publication Is for s ale by the Superintendent of Documents, Government Printing Offic e , Wnshingto11, D.C., an(\ by district offices of the Bureau of l<"'oreign and Domt:stic Commerce. m:STRIC'i' OFFICES OF TilE DEPARTMENT OF COMMERCE Atlanta, Ga.: 50-1 Post Office Building. Birmingham, Ala.: 257 Federal Buildincr. Boston, Ma. s . : 1801 Oust mhouse. Buffalo, N.Y.: Chamber of Commerce Building. Cbarlel3ton, S.C.: Chamber of Commerce Building. Clli ugo, Ill.: 17U6, 201 North Wells Street. CleYeland, Oh1o: Chamber of Comme r ce . Dallas. Tex.: Churuber of Commerce Building. Detroit, l\lich.: 801 First National Bank Building. Houston, Tex.: Clnnnl>er of Commerce Building. InLlianupulis, Ind. : haruber of Comm 'l'Ce Building. Jack onville, Fla.: hamber of Commerce Building. K a n. as City, Mo.: 102 Baltimore Av uuc. Lo Ang l l:s 'alif.: 1163 South Broad\vay. Loui \ille, Yy.: 408 F ederal Buill1ing. :Memphis, T enn.: Federal Building. .Minn.: 213 Federal Building. ew Orleans, Ln.: Room 225-A, Custombou e. New York, N.Y.: 73-1 Customhou e. Norfolk, Va.: 40G East Plume 8 reet. l'hiladclpllia, Pa.: 422 'ommercial Trust Building. Pittsburgh , Pa. : Chamber of Commerce Building. Portlnncl, Oreg.: 215 New Post Office Building. St. L ouis, Mo.: 50G 01ive Street. San Francisco, Cnlif.: 310 Cu torn house. Seattle, Wash. : 809 Federal Office Building.

PAGE 3

Approved Code No. 109-Amendment No.1 AlVIENDlVIENT TO CODE OF FAIR COlVIPETITION FOR THE CRUSHED STONE, SAND AND GRAVEL, AND SLAG INDUSTRY As Approved on August 24, 1934 ORDER APPROVING AJ\fENDMENT TO CoDE OF FAIR CoMPETITION FOR THE CRUSHED STONE, SAND AND GRAVE L , AND SLAG INDUSTHY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16 , 1933.1 for approval of an amendment to a Code of Fair Competition tor the Crushed Stone, Sand and Gravel, and Slag Industries, and hearings having b ee n duly held thereon and the annexed report on said amendment, containing findino-s with respect thereto, having been made and directed to the President: NOvV THEREFORE, on b ehalf of the President of the United States, I, Hugh S . Johnson, Administrator for Industrial R ec overy, pursuant to authority vested in me by Executive Orders of the President, including Executive Order 6543-A, dated Decembe r 30, 1933, and otherwi se, do hereby incorporate by r efe rence, said annexed report and do find that said amendment and the Code as constituted after being amended comply in all re spec ts with the pertinent provisions and will promote the policy and purposes of said Title of said Act, and do hereby order that said amendment be and it is hereby approved, and that the previous approval of said Code is hereby modified to include an approval of said Code in its entirety as amended, such approval and such amendment to take effect ten (10) days from the date unle ss good cause to the contrary is shown to the Administrator before that time and the Administrator issues a subsequent order to that effect. HuGH S. JoHNsoN, Adn1inistrator for Industrial R ecovery. Approval recommended: c. E. ADAMS, Divis ion Administ1ator. w A HINGTON, D.C., August 1.934. (1)

PAGE 4

REPORT TO T I-IE PRESIDENT The PRESIDENT, The 1Vhite SIR: This is a report on the amendment to the Code of Fair Competition for the Crushed Stone, Sand and Gravel, and SlaQ' Industria as approvacl by you November 10, 1933. This amendment was snbmitted June 20 , 1934 by the Code Authority for the Crushed Stone, Sand and GraYel and SlapIndustries, and a public h earing thereon was cond ucted July 17 , 1 934 i n vVashington, D.C. The National Crushed Stone Association, Inc. The National Sand and Gravel Association, Inc., The National Siag A sociation, the J:T ational A ssociation o f Portabl e Stone, Sand and Gravel Producers, and the A . ociatecl General Contractors of America, Inc., either participated in the hearing or join w i t h the Code Authority in spon ... oring the amendment. This amendment was p ropose d pursuant to Executive Order No. GG78 dated April 14 , 1934 and to my Administrative Order No. X-36, dated :May 26, 1934. The amendment h a s inc e be n revised, wjth the as ent of the Code Authority, in accordance with s uggestions made b. r the Legal Division. 'Ihe primary purpose of the amendment i s to <:rovern the collection of contribution for Code maint nance by the Code Authority of the Cru heel Stone, San l and GraYel, and Slag Industries, and by various a dministr::ttiYe committees et up uncl " the Code. This pnrpose is carried out fcarti ularly in Amendment No . 8, whi h will m a ke t nnecess r ' the 'r"gi tercel producer" a cr ate l in the app r ov e d ocl . The other nine mend nents ar intended to eliminate vario u ref retl c es to "registere d producers" and in other ways to make euecti e Amendment .eo. 8 . The D eputy Administrator in hi final rer ort to me on said amendment to sa i d Code ha' ing found a h erei n . et forth and on the basis of the proceedings in this matter: I find that: (a) The amendment to sai d Code and the Code as amended are well designed to promote the policies a n d purposes of Title I of the Natio n a l Industrial R e overy Act including the removal of obstructions to the free flow of int rstate all
PAGE 5

3 through increa ing purchasing power, b y reducing and relieving unemployment, by improving standards of l abor, and by otherwise rehabilitating indu try. (b) The Code as aniended complies in all rcspe ts with the pertinent prov i s ion of aid Title of ai-:l Act, including without limita tion sub-section (a) of Section 3, sub-section (a) of S ectio n 7, and subection (b) of Section 10 thereof. (c) The amendment and the Code as amended are not de signed to and will not permit monopolies or monopolistic practic es . (d) The amenclm nt a.nd the Code aR amend cl are not d signed to and will not eliminate or oppress small enterprises and will not operate to discriminate again t them. (e) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said amendment. For these reason , therefore, I have approved this amendment. Respectfully, AUGUST 24, 1934. HuGH S. JOHNSoN, Adrninistrator.

PAGE 6

TO CODE OF FAIR COMPETITION FOR CRUSHED STONE, SAND AND GRAVEL, AND SLAG INDUSTRY -AMENDMENT No.1 Article II, Section 5 is amended by striking out subsection (d) thereof. AMEN DME.NT No. 2 Article II, Section 9 is amended by striking out the word "registered " in the econd line the reof. AMEKDMENT No.3 Article VI, Section 4 i amended by striking out subc:ection (c) thereof and nbstitnting therefor the folJowing: "Voting EUgibility.-Any member of the industries as defined in Article II h ereof, or producers in othe r that with the approval of the President may from time to time be governed by the provisions of this Code, shall be entitled to participate in and share the b enefits of the activities of the Code Authority and of other committees establi hed herein and to participate in the selection of members thereof by complying with the requirements of this Code." AMENDMENT No. 4 Article VI, Section 4 is amended by striking out the word "registered " in the first line of subsection (d) thereof. AMENDMENT No. 5 Article VI, Section 4 is amended by striking out the word "regis tered " in the fir t line of subsection (e) ther of. AMENDMENT N 0. 6 Article VI, S ect ion 4 is amended by striking out the word " regis tered" in the first line of s ub secti on (f) thereof. Article VI, Section 5, Sub ection (a) is amended by substituting a period for the comma following the word " collected " in the third line of paragraph ( 5), and striking out the remainder of the paragraph. (4)

PAGE 7

5 AMENDMENT N 0. 8 Article VI, Section 5, Sub. ection (a) is amended by adding the following thereto: "(11) B1.uiget and Basis of Oontribution.-1. It being found necessary in order to support the administration of this Code and to maintain the standards of fair competition established h er under and to effectuate the policy of the Act, the Code Authority is authorized : ' (a) To incur uch reasonable obligations as are nece ssary and proper for the foregoing purposes, and to meet suc h obligations out of funds which may be raised as hereinafter provided and which shall be h e ld in tn1,:;t for the purpose of the Code; "(b) To subm.it to the Administrator for his approval, subject to su ch notice and opportunity to b e heard as he may deem nece sary ( 1) an itemized budget of its estimated expenses for the f oregoing purposes; (2) itemized budgets of the estimated expen es of r eg ional, state, di tnct and division committees fer the foregoing purpo es; (3) an equitable basis of contribution upon which the fund neces-sary to support the budget of the Code Authority shall be contributed by all members of the Industries; and ( 4) equitable bases of contribution upon which the funds necessary to support the budgets of reg i onal, state, district, and division committees may be contributed by all members of the Industries in such regions, states, districts, and divisions, respectively; all s uch bases of contribution shall be established by the Code Authority. " (c) After such budget and bases of contribution have been approved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the Industries, and to that end, if nece ssar y, to in titute legal proceedings therefor in its own name. "2. Each member of the Industries shall pay his or it equitable contribution to the expenses of the maintenance of the Code Authority and of other committees established under the Code determined as hereinabove provided, and subject to rules and regulations pertaining thereto by the Administrator. Only members of the Industries complying with the Code and contributing to the ex penses of its administration as provided, unless duly exempted from making such contributions, shall be entitled to participate in the selection of members of the Code Authority and of other comm ittee s established under the Code, or to receive the benefits of any of it voluntary activities or to make use of any emblem or insignia of the National Recovery Administration. " 3. The Code Authority and any committee established under the Code hall neither incur nor pay any obligation substantially in ex cess of the amount thereof as estimated in its approved budget, and shall in no event exceed the total amount contained in the approved budget except upon approval of the Administrator; and no subsequent budget shall contain any deficiency item for expenditures in excess of prior budget estimates except those which the .Administrator shall have so approved."

PAGE 8

AMENDMENT No. 9 Article VI, Section 5 is amended by striking out the second paragraph of subsection (b) thereof and substituting therefor the following: "The regional committee shall maintain the authoritative list of producers in each region who are complying with all provisions of the Code. The regional committee shall not continue the name of any producer on the list who has failed to pay his equitable contribution as determined by the Code Authority in accordance with the provisions of the Code." AMEKDMENT No. 10 Article VI, Section 7 is amended by striking out subsection (b) thereof and substituting therefor the following: "Producers.-Each producer shall be entitled to one vote, except as otherwise provided in this Section; provided any such producer who within one year prior to the effective date has sold and shipped the products of any or all the industries governed by this Code may vote individually and separately as a member of any or all such industries." AMENDMENT No. 11 Article VI, Section 7 is amended by strikinO' out the word "registered" as it appears in the sixth, eleventh, fourteenth and in the twenty-ninth lines of sub ection (c) thereof, and by adding the following as the last sentence of this sub ection: " Only those producers complying with the Code shall be ligible to vote." AME_ N 0. 12 Article VI, Section 7 is amended by adding the following as the last sentence of subsection (d) thereof: ' Only those marketers complying with the Code shall be eligible to vote.;' AMENDMENT N 0. 13 Article VI, Section 7 is amended by striking out the word " registered " in the fifth line of subsection (e) thereof and by adding the following as the last sentence of this subsection: "Only those producers complying with the Code shall be eligible to vote." AMEKDl\IENT No. 14 Article VI is amended by striking out Section 10. AMENDMENT No. 15 Article VII, Section 5 is amended by striking out the word " registered" as it appears in the fifteenth, twenty-first, and in the twenty third lines of subsection (a) thereof. Approved Code No. No. 1. Registry No. 1037-1-01. 0


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