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Times Recorder, The (Newspaper) - November 3, 1976, Zanesville, Ohio Today's Chuckle Success is a matter of getting up just one more time than you fall down. Earl Wilson The Times Recorder Today's Weather FORECAST Partly cloudy today tonight. High near 50 degrees. Low in the upper 20s. Mostly cloudy Thursday. (Details on 8-A I12tK Year Vol. 308 28 Pages Your "Good Morning" Newspaper Zanesville, Ohio 43701 Wednesday, November 3, 1976 20 Cents Carter's Lead Over Ford Widens By The Associated Press Here at a glance are the latest election returns in the race with 50 per cent of the nation's precincts reporting. Carter p.c. Has won 15 states with 134 ev Leads in 9 states with 148 ev Ford p.c. Has won 8 states with 62 ev Leads in 16 states with 178 ev Needed to win: 270 of the 538 electoral votes ev from the 50 states and the District of Columbia. WASHINGTON (AP) Jim- my Carter swept out of the South, gained the advantage in the big, battleground states of the industrial heartland, and held the lead over President Ford as the votes were counted Tuesday night in their contest for the White House. He was gaining 52 per cent of the popular vote, with 26 per cent of the nation's precincts counted. Ford was capturing 47 per cent. But Carter's electoral vote margin was wider, as the count moved westward, toward terri- tory where Ford may be stronger. Democrats quickly captured command of the new Senate, a foregone conclusion given their lop-sided dominance of the old. Democrat Carter had won in 10 states with 89 electoral votes. He led in 18 more, and they' offered a total of 187 electoral votes. He thus led for 276 electoral votes, six more than it will take to elect a President. But in some key sates, like Ohio, the margins were narrow and the outcome in doubt. Ford had carried Indiana and Kansas, for 20 electoral votes, and led in 15 states for 49 more. Carter had carried Kentucky, Georgia, the District of Colum- bia, Florida, West Virginia, Massachusetts, Tennessee, Arkansas, Delaware and Alabama. He led in Illinois, Ohio, Penn- sylvania, and Ford's own Mich- igan, all listed among the cru- cial big states that were the fi- Congressional Victories Shown For Democrats Votes His Choice Albert Boggs, 90, of 910 Alfred street cast his vote yesterday, as he has the past 69 years, since he was age 21. Boggs was born in Byesville. He is a widower, has four children and 17 grandchildren. County Races 2 Commissioner Incumbents Trail With 17 of Muskingum County's 134 precincts tabulated, both incumbent Republican county coffi- missioners trailed their Democratic challengers. Itemocrat William Embree had pulled out a substantial margin over County "Com- missioner Dee Shook, leading votes to '973. The other, race between in- cumbent Scott Patton and Ned Gibson was much closer, with Gibson having collected votes to for Patton Incumbent Republican County !Commissioner Dee Shook is being challenged by Democrat William J. Embree Jr. of Route 1. Shook, of Meigs Township, served' as deputy registrar of motor vehicles and also as Mus-, kingum Executive Committee chair- former Lucille McCune and the couple has two sons. Embree, 37, a home builder and contractor, is familiar with zoning -.and .with "federal regulations affecting home and property He-was labor'organizer for tfie United Auto Workers. He is. married to the former Kay Bernard and th'e couple has two sons, James, 14 and Chris, 11. Incumbent Republican County Commissioner Scott Patton is being opposed for his seat by Democrat Ned G. Gibson, 48, of Maysville pike, South Zanesville. Patton is a former East Mus- kingum School Board member; a Perry Township trustee; former president of the Muskin- gum County Farm Bureau Co- op Board; former secretary of the Muskingum County Fair Board. Patton, 57, has a farm at '.man. He is married to the __ ggoo East pike. Sheriff Pennybakef Falls Behind Gibson Bernard Gibson, Democrat, was leading incumbent Sheriff Jack Pennybaker, the vote to with 25 precincts reporting late last night. Pennybaker, 41, has served years as sheriff and 734 years as deputy sheriff. He has served -.vith the intelligence division of the U.S. Army and has attended numerous law enforcement training schools. He resides at 2450 Olde Falls road with his wife, the former Freda Ross. Gibson, 39, of 305 Hillview drive, is a former Zanesville policeman and has been schooled in law enforcement practices and updated techniques in detection and crime prevention. He has been married for 22 years to the former Janice Adam's and has three children. Treasurer, Recorder IncumbentsHoldLead Both incumbent Republicans held slim leads over their Democratic challengers in battles for the offices of county treasurer and county recorder in early returns Tuesday night. "Treasurer Vernon Crown led Don Brown votes to with 17 of the county's 134 precincts having been Athens Police Ask Mayor To Resign 'ATHENS, Ohio (AP) Patrolmen and sergeants on the Athens police force have called for the resignation of, Mayor Donald Barrett in the wake of a weekend disturbance in downtown Athens. The officers said the mayor, by refusing- to call out extra men, prevented them from doing their duty when about 500 persons took over Court Street for five hours Saturday night and early Sunday during a Hal- loween party. Police said several parked cars were damaged and one po- lice officer said he was cut by broken glass when a bottle was thrown. No arrests were' made in con- nection with the disturbance. tabulated. Also with 17 precincts' in, incumbent Don Minick had votes to for Kurt Dittmar in the race for county recorder. Crown has served as county treasurer since September 1971. He spent four years with the U.S. Air Force during World War II, being stationed in India. Brown, 26, of 918 Putnam avenue, is an accountant in the oil industry. He graduated with, an accounting degree from Muskingum Area Technical College, Minick, 49, of 1330 Richey road, is a lifetime resident of Muskingum County. He was appointed to his present post March 4, 1975, following the death of Kenneth Moody. He lives with his wife, Lilyn and two daughters, Jacala and Jill. Dittma'r is a local building, contractor. COLUMBUS, Ohio (AP) 'With somexlose exceptions; in- cumbents in Ohio's congression- al delegations were assured of seats in the 95th Congress in January. State Sen Dpnald Pease, a Democrat, was'the first certain fresh face when he won election in the 13th District to succeed Charles Mpsher, a Republican who is retiring. His was the first sure in- dication of a change in the 15-8 Republican margin among the Ohio delegation. Cleveland Councilwoman Mary Rose Oakar, 36, won the 20th District seat vacated by fellow Democrat James V. Stanton when he ran unsuccess- fully for the U.S. Senate in the Ohio primary. State Sen. Douglas Applegate of Steubenville, who replaced resigned Rep. Wayne L. Hays as the Democrat on District ballot, carried a grow- ing lead over Republican and independent opponents. "Uncertain districts continued Decisions Split On 6 Issues The county bridge bond issue for repair and construction of bridges, appeared to be going down to defeat. With 17 precincts reporting, the vote totals were against the" issue and 951 favoring it. Washington Township's one- mill tax levy renewal for fire- fighting facilities and equip- ment appeared to be heading for approval as totals of 90 yes and 54 no were reported. Tri-Valley schools, four-mill additional operating levy maintained a small lead in early returns with 149 yes votes and 142 no votes. The levy was defeated by a narrow margin when it was placed before voters in a special election Sept. 21. Franklin Local School District bond issue appeared heading for defeat as a margin of 340 against to 179 for the issue was reported early. Washington Township voters will decide on a five-year renewal for a one-mill tax levy (10 cents per of The levy is earmarked for providing and maintaining fire equipment, appliances and buildings; maintaining sources of water supply and related' materials; maintaining and, providing fire alarm telegraph fines, and for paying per- manent, part-time and volunteer fire-fighting com- panies to operate the equip- ment. Voters in the Franklin Local School District are being asked to approve a million bond issue by the Board of Education, including a five mill levy for a maximum of 23 years to pay the principal and in- terest of the issue. to be just that as vote counting approached the'50 per cent lev- el. These included: 2nd District where incumbent Republican Donald Clancy lost an early lead to challenger Tom Luken; the 9th District where veteran Rep. Thomas L.. Ashley, a Democrat, held a narrow lead over Republican challenger Carleton Finkbeiner. nal campaign targets of both President and challenger. This was the national picture with 26 per cent of the precincts reporting. Ford's popular vote was or 47 per cent. Carter tallied or 52 per cent. In the 33 Senate races, Demo- crats won seven and led in 11. Republicans won four and were ahead in five. Forty Democrats and 27 Republicans are hold- overs in the Senate, where 51 seats comprise a majority In the 435 House races, Democrats won 101 seats and led for 122, while Republicans took 23 races and were ahead in 99. It takes 218 seats to forge a Charter Revision Losing The package, of amendments to the city charter was losing in a close race as 357 votes against and 315 votes for had been regis- tered with 25 precincts reporting. majority in the House, where Democrats now dominate, 290 to 145. Democrats won in three of the 14 races for governor and led in three others. Republicans captured two races and led in four. The terms of 36 gover- nors, 28 Democrats, seven Re- publicans and an independent, did not expire this year. Democrat James Sasser. a former state Democratic chairman, upset Republican Sen. William E. Brock III in Tennessee, ousting a senator who had hopes of moving to the national stage in elections to come, "in Indiana, former In- dianapolis Mayor Richard G. Lugar defeated Democratic Sen. Vance Hartke. Republican John C. Dan- forth, the 40-year-old attorney general of Missouri, won a Senate seat there, defeating former Gov. Warren E. Hearnes, to succeed the retiring Democrat Stuart Symington. Rep. Paul Sarbanes, a Balti- more Democrat who. gained note in the hearings on im- peachment of Richard M. Nix- on, defeated GOP Sen. J. Glenn Beall of Maryland. Democratic Sens. Edward M Kennedy of Massachusetts, Lawton Chiles of Florida, and Harrison A. Williams of New Jersey all won re-election eas- ily. Sens. Edmund S. Muskie of Maine and Hubert H. Humph- rey of Minnesota were leading their Republican rivals. In Virginia, Sen. Harry F Byrd Jr., an independent who votes with Democrats on Sen- ate control, won easily over re- tired Adm. Elmo R. Zumwalt. Democrat John D. "Jay" Rockefeller IV, heir to a noted Republican name and fortune, was elected governor of West Virginia, defeating former Gov. Cecil H Underwood Democrat" David Pryor was re-elected in Arkansas, Re- publican Rep. Pierre S DuPont IV was elected governor of Del- aware, Senate Races Metzenbaum Leads Taft In Ohio's Senate Race National Outlook Democrats Keep Hold In House WASHINGTON (AP) Democrats had won or were ahead Tuesday in enough races to assure their continued con-, trol of the House of Representa- tives and were virtually holding on to their-two-to-one majority. As returns mounted, Demo- crats had won 101, seats and were leading in 122 others. The totatfrf223 won or in prospect is five-more than would be're- quired for" a majority. With more than a fourth of the House races decided, ndt one seat had moved from one party to the other. Republicans had won 23 seats and were leading in 99 more. There also was no doubt that the incoming House would have an unusual number of members with no more than two years' service. The 1974 regular and sub- sequent special elections brought in 98 new members, 79 Democrats and 19 Republicans. The present election found 53 open seats to be filled because of retirement, primary defeat or death, and, of course, not all incumbents were assured of re- election. Democrats dominated the outgoing House by two to cne: 290 Democratic seats, 145 Re- publican. Their 1974 successes came on the heels of the Water- gate scandals. A number of Democrats, elected in usually Republican districts, were'among the can- didates considered more vul- nerable this time and Republi- cans hoped for a pickup of at least 15 seats. But Democrats coached their freshmen in tech- niques of pleasing organizing offices and cam- paigns and contended that most of them were safely en- trenched. Democrats hoped to hold their losses to 10 and spoke of a longshot chance of picking up a few seats. Little change was in sight as to the number of women and blacks among the House mem- bers. Three of the 19 women House members retired and about the same number of women contenders were run- ning strong. All 17 black House members were running for re- election and were favored to win. While Watergate had faded into the past, sex and payroll scandals and allegations of wrongdoing plagued the Demo- cratic 94th Congress. It did not appear, however, that these would be decisive in many races. The campaigns leading up to Tuesday's elections were marked by heavy spending, by past standards, for House races. In addition to funds raised by the candidates indi- vidually, central party com- mittees poured in substantial amounts, especially on the Re- publican side. Spending by the Republican groups was esti- mated at million, more than four times as much as the corresponding Democratic or- ganizations provided. The dis- parity led to some nervousness among Democrats about the possible effect of last-minute media drives and mailings. Gandhi Amendment Heads For Approval NEW DELHI, India (AP) A constitutional amendment giving Prime Minister Indira Gandhi's government sweeping authority to remold this nation of 610 million people was, ap- proved Tuesday by the lower house of Parliament. The amendment, which the government says will speed a socio-economic revolution and the opposition says will legiti- mize dictatorship, was ap- proved 366-4, with most opposi- tion lawmakers of the 523-mem- ber house boycotting in protest. "This bill will open the flood- gates to regimentation and dic- charged P.G. Mava lanker, one of the few dis- santing independents still sil- ting with members of the ruling Congress party majority and its allies in the Communist party. "God will not forgive the sin you are about to he told the special legislative ses- sion climaxing weeks of debate on the constitutional amend- ment. "Though you are in a large majority, you are not sus- tained by morality." Speaking for the government, Law Minister H. R. Gpkhale chastized "the very rigid and backward-looking" opponents of the bill for trying to "block consolidation the gains he have resulted from India's" 16- month-long state of emergency. With Mrs. Gandhi'in attend- ance, Gokhale said the measure puts beyond doubt "the supremacy of Parliament...and keeps law in tune with society, with the people at large." School Funds Sought Index 2-4 D C Deaths A Editorials Sports Pages 4 5-7 C 5 Ct Woman's C Zanesville City Schools filed application for in' project funds to construct two new elementary schools, the district official reported. One school would be con- structed for Putnam, replacing the Madison School constructed in 1850 and Grant, School 'built in The other school would be built to replace Sheridan and Pioneer schools, used in 1905 and 1915 for the first times respectively. These schools would con- solidate attendance areas and permit more modern grouping and programming for educating similar to that enabled by Wilson and West- view Schools. Moreover, they are designed as community schools where .public 'rooms would be available for adult and other activities after school hours. Construction would employ nearly 300 people, thus helping the local employment scene, officials report. Zanesville Board of Education chose these for the project because it would revitalize elementary education, kindergarten through grade six, in the entire southeastern part of the city. If successful, the application would permit the schools to be ready for maximum class sizes which will be lower by 1978. The schools would each have special education suites with facilities related to the needs of children in the hard-of-hearing handicapped areas, as well as in the educable mentally retarded areas, officials report Each school would have a which would enable programs in "body management" recognized today as basic to the physical coordination orien- tation essential to improved aBility to learn to read and write. The board of education already owns the land for these situations. Dittmar and Stubbs, local architects, have worked with the administration to finalize the application. No organized resistance to the package emerged, but supporters of the changes organized a small ad campaign to combat possible rejection due to possible voter apathy on the question. Appointed in 1972, the review committee made its change recommendations to council, which then reviewed each section of the charter and either accepted the proposals or made its own. After a final review by the committee, the proposal was placed on the ballot by Council. Voters will either accept or reject all the changes as a single package. Many of the changes are simply language corrections or improvements or clarifications; incorporate required or more efficient (in the opinon of the committee and council) provisions of state law, or eliminate special sections which applied only to the transition periods in 1917 and-1957-58. Some sections of, the charter are deleted or in- corporated into others. 20th Senate, 95th House Race Results Republican Sam Speck ap- peared to be on his way to an easy victory in his race against Democrat Walter Burkhalter for the 20th District State Senate seat being vacated by Robert Secrest. Speck appeared to be winning better than 70 per cent of the vote in Washington County, was slightly ahead in Belmont County and getting about 55-60 per cent majorities in Perry and Fairfield counties. Republican incumbent State Representative Rex Kieffer was leading in a tight race with Rose Marie Morris in the 94th District with to for Morris with 25 precincts reporting. In the race for the 95th District Ohio House of Representatives seat, Republican Tom Johnson held an early lead over Democrat Deron Mikal, with to In Washington County (Marietta) with 30 to 71 precincts reporting, Johnson had to Mikal's In Guernsey County (Cam- bridge) with only six of 70 precincts in, Johnson led 405 to 320. In Muskingum County, Mikai led 222 to 207. No reports were in from Morgan County. Ohio Voter Registration Challenged COLUMBUS, Ohio (AP) The Ohio chapter of the Ameri- can Civil Liberties Union filed a class action suit in U.S. District Court Tuesday seeking to void the state's present system of voter registration. The action was taken on be- half of Herbert B. 'Dunkle III of Athens, who voted in 1972 but whose registration was can- celed this year because he had not voted between presidential elections. The ACLU contends that Ohio voter registration laws are doubly automatically canceling the right to vote of people who are otherwise qualfied but choose to vote only every four years, and by discriminating in favor of voters in some rural counties where registration is not re- quired at all. Judge Joseph Kinneary in- dicated he would rule on the suit within the next month. COLUMBUS, Ohio (AP) Democrat Howard M. Metzen- baum clung to a 49-thousand vote lead Tuesday over Sen. Robert Taft Jr., R-Ohio, with more than half the vote report- ed in a rematch of the 1970 con- test between the two million- aires. A possible upset loomed as Metzenbaum, with votes to Taft's held a 51 percent to 48 per cent margin. Metzenbaum piled up wide margins in Cleveland and sur- rounding Cuyahoga County sub- urbs. He was also ahead in Lucas, Montgomery, Mahomng and Summit counties. Taft had comfortable leads in Hamilton and Franklin coun- ties. American Party candidate Donald E. Babcock had votes for a 1 per cent share. Taft's uncharacteristic ag- gressiveness led many Metzen- baum supporters and some in- dependents to believe that the challenging Cleveland attorney- businessman was ahead in the Indeed, Metzenbaum, 59, ap- peared calm and confident throughout the campaign, in contrast to the intensity of his earlier efforts against Taft and Sen. John Glenn, D-Ohio. Metzenbaum rebounded from the 1970 defeat to win the nod from former Gov. John J. Gilli- gan as an appointed replace- ment for William Saxbe, a Re- publican who in 1970 resigned his senate seat to become U.S attorney general. But in 1974, Metzenbaum lost a bitterly contested National Outlook Democrats Retain Senate Majority WASHINGTON (AP) As they have since 1955, Demo- crats kept control of the Senate Tuesday while voters turned at least four incumbents out of of- fice. Defeated in their bids for re- election were Sens. Joseph Montoya, D-N.M.; Vance Hartke, D-Ind., J. Glenn Beall, R-Md, and Bill Brock, ,R-Tenn. Montoya, a liberal .who served on the Senate Watergate Committee, was defeated by Republican Jack Schmitt, a for- mer astronaut. Hartke, who had sought a fourth term, was defeated by former Indianapolis Mayor Richard Lugar, a Republican who lost a 1974 Senate bid. Beall was defeated by Rep. Paul S. Sarbanes, D-Md. Brock was beaten by Democrat James R. Sasser, a former state party chairman. In Missouri, Republican Atty. Gen. John C. Danforth defeated ex-Gov. Warren E. Hearnes, the Democrat, for the seat va- cated by retiring Democratic Sen. Stuart Symington. In Maine, Democratic Sen. Edmund S. Muskie pulled ahead of Republican challenger Robert A. G. Monks by a 55 to 45 per cent margin after earlier returns had indicated an even closer fight. But there was still 85 per cent of the vote out. An- other tight race shaped up in New York between con- servative incumbent James Buckley and Democratic chal- lenger Daniel Patrick Moyni- han. Democratic incumbents elect- ed to another term included Sens. Hubert Humphrey of Min- nesota, William Proxmire of Wisconsin, Edward M. Ken- nedy of Massachusetts, Lawton Chiles of Florida, Harrison Wil- liams of New Jersey, Lloyd Bentsen of Texas, John Stennis of Mississippi and Robert C. Byrd of '.Vest Virginia the last two unopposed. Byrd is the likely successor to retiring Sen- ate Majority Leader Mike Mansfield of Montana. Sen. Harry F. Byrd Jr., a Virginia independent who votes with the Democratic caucus, beat Democratic candidate Elmo R. Zumwalt, the former chief of naval operations. It appeared unlikely that the 62-38 margin which Democrats now enjoy'in the Senate would be altered by more than a few seats either way. Republicans have not controlled the Senate since the mid-1950s. But at least nine new faces were assured: Lugar and those selected to replace the eight in- cumbents four Democrats and four Republicans who are retiring. Two Republican incumbents who seemed in trouble were Sen. Robert Taft of Ohio in his race against former Democrat- ic Sen. Howard Metzenbaum and Sen. -J. Glenn Beall of Maryland, who.was challenged by Rep. Paul S" Sarbanes, a la- bor-backed Democratic liberal. Of the 33 seats on the line, 22 are now held by Democrats and 11 by Republicans. Two incumbents were as- sured of victory because they had no opposition Sen. John Stennis, D-Miss., the powerful head of the Senate Armed Serv- ices Committee; and Sen. Rob- ert Byrd, D-W.Va., the likely successor to retiring Senate Majority Leader Mike Mans- field. Sen. Hubert H. Humphrey, D- Minn., just out of the hosptial from a cancer operation, was heavily favored to be re-elected in Minnesota. In one of the liveliest races of the 1976 presidential election year, California Democratic Sen. John Tunney, 42, sought to defend his seat against 70-year- old semanticist S.I. Hayakawa. Democratic Senate primary to Glenn who went on to win the election. Metzenbaum had bested Glenn in the 1970 Senate primary. He came back last June, however, with a smashing Democratic primary victory over Rep. James V. Stan ton, D- Ohio. Stanton aided Metzenbaum in his latest effort; Glenn did not. By late October, Met- zenbaum had dropped into the campaign. Like Taft, he devoted a major portion of it to media advertising. Metzenbaum stressed his po- sitions supporting national health insurance, some kind of an employment bill, and estab- lishment of a consumer protec- tion agency. He also relen- tlessly assailed high utility rates and called for a break up of the big oil companies. Taft ran on his Senate record, claiming accomplishments in housing, pension reform, legal services and federal revenue sharing. He stood directly opposite Metzenbaum in op- posing a federal consumer agency while favoring deregu- lation of natural gas prices. Disfavor Shown 4 Issues COLUMBUS, Ohio (AP) Supporters of four con- troversial state constitutional amendments claimed a moral victory Tuesday despite returns tnat showed the issues losing 2-1. "Four, five and six look sol- said Eugene O'Grady, leader of a group opposing pro- posals to regulate nuclear ener- gy development, establish life- line utility rates, create a non- profit consumers' utility repre- sentative and make it easier to change the state constitution. He predicted Issue 5, the con- sumer representative, would be' the most soundly defeated. 'As 15 per cent of Ohio's pol- ling places reported, Issue 4, the lifeline rates, was losing by votes, the biggest mar- gin. Voters disapproved of the consumer group by a vote margin while nuclear regulation was opposed by a vote difference and the petition signatures proposal was losing by votes. Issues 1 through 3, which are housekeeping amendments, were ahead by 2-1 margins. "Win or lose, we opened the debate on utility issues, We're in 'a no-lose said Steve Sterrett, publicist for Ohioans for Utility Reform, which supported passage of the amendments. "Even if all the issues are defeated, the utilities haven't won anything because the pressure would still be on them." Issues i through 3 were housekeeping amendments pro- posed by the state Con- stitutional Revision Commis- sion. 'Cuffs' Cause Mistrial A mistrial was declared yes- terday on the second day of the aggravated murder trial of Paul W. McNeely, 32, of Coshocton when McNeely was brought into the Courthouse wearing handcuffs in view of potential jurors. McNeely is charged with the July 19 shooting death of Coshocton City Police Ptl. Sanford Stanley as the latter stood in the doorway of the city police department. McNeely allegedly shot Stanley with a shotgun and then, as the wounded policeman ran inside the building, shot him again with a handgun. Defense attorneys William Joseph, Harold Gottlieb and Howard dwelling, all of Zanes- ville, immediately asked Common Pleas Judge William Brown to grant their motion for a mistrial and the judge complied. The attorneys contended jurors, seeing the accused in handcuffs, would be prejudiced and not able to render an ob- jective verdict in the ensuing trial. A similar incident occurred in Zanesville last July when Jack Lee Fisher of Hopewell was brought into court in handcuffs in the presence of potential jurors. In that instance, his attorney. Howard Zwelling, im- mediately asked for and was granted a motion for mistrial. Atty. William Joseph said officers had started to place handcuffs on McNeely Monday afternoon before him back to his jail cell but'were restrained by defense attorneys before the act was observed by the jurors. Despite this the officers had him in cuffs during his walk into the courtroom yesterday, removing them in full view of the prospective jurors, it was reported. Joseph said the trial will be rescheduled but he has no knowledge when that will be. He said nine jurors had been tentatively selected from a venire of 50 prospects but at- torneys had still not exercised .their challenge rights. IN FW SPA PERI IN FW SPA PERI
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