Alaska Supreme Court Cases
(1998 Chronological Index)
(From 1/1/98)
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This chronological index is presented by
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Comments by [Subject]
- Norcon v. Kotowski (12/31/98) sp-5060
- --- Withdrawn and re-issued as Norcon, Inc. v. Kotowski (2/19/99) sp-5085 ---
- Brent v. Unicol, Inc. (12/24/98) sp-5059, 969 P2d 627
- [Real Estate] (Independent contractor, premises liability)
- [Torts] (Independent contractor, premises liability; negligence not decided by summary judgement)
- Sonneman v. State of Alaska; Division of Elections (12/24/98) sp-5058, 969 P2d 632
- [Constitutional] (Election law, ballot position)
- [Procedure, Civil] (Standing to sue)
- Maloney v. Maloney (12/24/98) sp-5056, 969 P2d 1148
- [Family Law] (Modify support-voluntary income reduction)
- Veco v. Rosebrock (12/18/98) sp-5057
- --- Withdrawn and re-issued as Veco v. Rosebrock (2/19/99) sp-5084 ---
- Zito v. Zito (12/18/98) sp-5055, 969 P2d 1144
- [Contracts] (Ambiguity construed against drafter)
- [Family Law] (Enforce decree with QDRO; survivor benefits)
- Stratman v. Leisnoi, Inc. (12/18/98) sp-5054, 969 P2d 1139
- [Federal Issues] (ANCSA preempts local law re: real estate)
- [Real Estate] (Lis pendens)
- Coleman v. Coleman (12/11/98) sp-5053, 968 P2d 570
- [Family Law] (Fee awards)
- [Procedure, Civil] (Include fees in settlement agreements)
- Bostic v. Alaska Child Support Enforcement Division (12/4/98) sp-5052, 968 P2d 564
- [Constitutional] (Due process, notice and hearing)
- [Family Law] (CSED required to provide due process)
- Methvin v. Bartholomew (12/4/98) sp-5051, 971 P2d 151
- [Torts] (Whistleblower act must be public concern)
- Moody-Herrera v. Alaska Department of Natural Resources (11/27/98) sp-5050, 967 P2d 79
- [Business, Commercial/Labor Law] (AHRA, disability discrimination)
- In re: K.A.H. (11/27/98) sp-5049, 967 P2d 91
- [Attorneys and Judges] (Rule 1.8(e), lawyer loan to client)
- Board of Trade, Inc. v. Alaska Wage & Hour Administration (11/27/98) sp-5048, 968 P2d 86
- [Administrative Agencies] (Little Davis-Bacon; "on-site")
- [Business, Commercial/Labor Law] (Little Davis-Bacon; "on-site")
- Elsberry v. Elsberry (11/27/98) sp-5047, 967 P2d 1004
- [Family Law] (CSED, imputing average state income)
- O.R. v. Alaska Dep't. of Health and Social Services (11/27/98) sp-5046, 968 P2d 93
- [Family Law] (CINA, abandonment vs. physical abuse)
- Alaska Child Support Enforcement Div. V. Gause (11/20/98) sp-5045, 967 P2d 599
- [Family Law] (CSED enforcing in-state support order)
- Piquniq Mgt. Corp. v. Reeves (11/6/98) sp-5044, 965 P2d 732
- [Business, Commercial/Labor Law] (AWHA computation for salaried employee)
- [Procedure, Appellate] (standard of review, admin. regs.)
- Bliss v. Bobich (11/6/98) sp-5043, 971 P2d 141
- [Attorneys and Judges] (30%-20% award; include time computing fee)
- [Evidence] (standard of review, admission of evidence)
- Alaska v. Dutch Harbor Seafoods (10/16/98) sp-5042, 965 P2d 738
- [Constitutional] (right to jury trial)
- [Criminal] (jury trial, fishing violations)
- General Motors Corporation v. Farnsworth (10/16/98) sp-5041, 965 P2d 1209
- [Torts] (product liability-crashworthy; apportionment)
- Horchover v. Field (10/16/98) sp-5040, 964 P2d 1278
- [Family Law] (court's inherent power to enforce decree)
- Safeway, Inc. v. Mackey (10/9/98) sp-5039, 965 P2d 22
- [Workers' Compensation] (cause of employee disease is "unknown")
- Piquniq Management Corp. v. Reeves (10/9/98) sp-5038
- --- Withdrawn and Reissued as sp-5044.htm ---
- Creations Unlimited v. State of Alaska (10/9/98) sp-5037, 965 P2d 1
- [Administrative Agencies] (soverign immunity; good faith negotiation)
- [Contracts] (offer-acceptance; promissory estoppel. ; quantum meruit)
- [Procedure, Civil] (access to public records vs discovery)
- [Torts] (sovereign immunity; sec. 1983; res ipsa)
- Walleri v. City of Fairbanks (10/2/98) sp-5036, 964 P2d 463
- [Municipal Corporations] (Fbx utility sale; open meetings)
- Mackie v. Chizmar (10/2/98) sp-5035, 965 P2d 1202
- [Damages] (damage award requires findings)
- [Procedure, Civil] (Rule 68 valid after appeal, but not with ADR)
- Reid v. Williams (10/2/98) sp-5034, 964 P2d 453
- [Attorneys and Judges] (enhanced fee analysis under Rule 82)
- [Constitutional] (substantive due process, equal protection analysis)
- Wright v. Shorten (9/11/98) sp-5033, 964 P2d 441
- [Procedure, Civil] (pro se pleadings, liberally construe)
- Bobich v. Hughes (9/11/98) sp-5032, 965 P2d 1196
- [Procedure, Civil] (Rule 68, offers of judgment)
- Mestar v. Heckman (9/11/98) sp-5031, 964 P2d 445
- [Torts] (determining if duty of care exists)
- Alaska Child Support Enforcement Division v. Beans (9/4/98) sp-5030, 965 P2d 725
- [Family Law] (license suspension for support nonpayment)
- Alaska Tae Woong Venture, Inc. v. Westward Seafoods (8/28/98) sp-5029, 963 P2d 1055
- [Contracts] (testimony of subjective intent, contract case)
- [Damages] (proof, lost profits; limit, future damages)
- [Equity] (testimony of subjective intent, contract case; foreseeability is question of fact)
- [Procedure, Civil] (use tort statute of limittions for fraud)
- [Torts] (fraud uses tort statute of limitations)
- Ward v. Lutheran Hospitals & Homes (8/21/98) sp-5028, 963 P2d 1031
- [Torts] (hospital non-delegable duty; informed consent)
- Fred Meyer v. Adams (8/21/98) sp-5027, 963 P2d 1025
- [Business, Commercial/Labor Law] (AWHA sttute of limitation, tolling)
- Adams v. City of Tenakee Springs (8/21/98) sp-5026, 963 P2d 1047
- [Municipal Corporations] (discretionary function immunity)
- [Torts] (immunity: planning vs. operational test)
- Walton v. Ramos Aasand & Co (8/21/98) sp-5025, 963 P2d 1042
- [Attorneys and Judges] (fee beyond Rule 82, bad faith not required)
- [Procedure, Civil] (summary judgment rudiments; offer of judgment)
- Ostrow v. Alaska (8/21/98) sp-5024, 963 P2d 1021
- [Torts] (conversion requires possessory interest)
- Hilderbrand v. Hilderbrand (8/14/98) sp-5023, 962 P2d 887
- [Family Law] (Rule 90.3, rental value not imputed)
- [Procedure, Appellate] (waive issue not raised below)
- Mundt v. Northwest Explorations, Inc. (8/14/98) sp-5022, 963 P2d 265
- [Procedure, Civil] (Rule 42; change of judge)
- Titus v. State (8/14/98) sp-5021, 963 P2d 258
- [Criminal] (Rule 606(b); ban on juror testimony)
- Ganz v. Alaska Airlines, Inc. (8/14/98) sp-5020, 963 P2d 1015
- [Statutory Construction] (three maxims of construction)
- Hermosillo v. Hermosillo (8/14/98) sp-5018, 962 P2d 891
- [Family Law] (social security as offset; support not affected by interference with visitation)
- In the Matter of J.A. (8/7/98) sp-5019, 962 P2d 173
- [Family Law] (probable cause in CINA case)
- Rutter v. Alaska Board of Fisheries (8/7/98) sp-5017, 963 P2d 1007
- [Administrative Agencies] (deference to Board of Fisheries)
- [Constitutional] (only similarly situated get equal protection)
- Bendixen v. Bendixen (8/7/98) sp-5016, 962 P2d 170
- [Family Law] ($50/month support order while incarcerated)
- Alaska Child Support Enforcement Division v. Delaney (8/7/98) sp-5015, 962 P2d 187
- [Family Law] (modify support out-of-state; CSED gets interest)
- Rowen v. Rowen (7/31/98) sp-5014, 963 P2d 249
- [Family Law] (Rule 90.3, % of custody time; visit transport costs; no retro modifying of support order)
- I.J.D. v. D.R.D. (7/31/98) sp-5013, 961 P2d 425
- [Family Law] (no rule favoring primary caregiver or against dividing siblings; findings needed for limited visit order)
- Linstad v. Sitka School District (7/31/98) sp-5012, 963 P2d 246
- [Business, Commercial/Labor Law] (incompetent tenured teacher)
- [Procedure, Civil] (no presumption of trial judge bias on remand)
- Robinson v. Robinson (7/17/98) sp-5011, 961 P2d 1000
- [Family Law] (require findings when modifying support)
- [Procedure, Appellate] (standard of review, modify support)
- Tompkins v. Tompkins (7/17/98) sp-5010, 961 P2d 419
- [Family Law] (use of step-children in custody case)
- [Procedure, Appellate] (standard of review, modify custody)
- Lucas v. Anchorage Police & Fire Retirement Board (7/10/98) sp-5009, 960 P2d 1151
- [Administrative Agencies] ("permanent" disability may be terminated)
- Walker v. Walker (7/2/98) sp-5008, 960 P2d 620
- [Family Law] (oppose custody modification, right to hearing)
- Parson v. Marathon Oil Co. (7/2/98) sp-5007, 960 P2d 615
- [Procedure, Civil] (Rule 56(f) extension freely granted)
- Demmert v. Kootznoowoo (7/2/98) sp-5006, 960 P2d 606
- [Procedure, Civil] (Rule 12 vs. Rule 56; Rule 56(f) extension)
- Adoption of A.F.M. (6/26/98) sp-5005, 960 P2d 602
- [Family Law] (adoption: visits after and waiver of consent)
- Gerstein v. Axtell (6/19/98) sp-5004, 960 P2d 599
- [Procedure, Appellate] (moot issue on appeal)
- [Real Estate] (minor but permanent land use is "taking")
- Power Constructors, Inc. v. Taylor & Hintze (6/19/98) sp-5001, 960 P2d 20
- [Attorneys and Judges] (elements to prove attorney malpractice)
- [Damages] (interest and arbitration costs as damages)
- [Equity] (quasi-estoppel)
- [Procedure, Civil] (value of verdict vs. Rule 68 offer of judgment)
- [Torts] (elements to prove attorney malpractice)
- Stalnaker v. Williams (6/12/98) sp-5003, 960 P2d 590
- [Administrative Agencies] (PERS like trial, not appeal, court)
- Falke v. Fairbanks City Council (6/12/98) sp-5002, 960 P2d 589
- [Constitutional] (eminent domain, private property only)
- Boone v. Boone (6/12/98) sp-5000, 960 P2d 579
- [Family Law] (child move to noncustodial home; retro modify)
- Parker v. Alaska Child Support Enforcement Division (6/12/98) sp-4999, 960 P2d 586
- [Family Law] (paternity suit against nonresident)
- [Procedure, Civil] (long arm jurisdiction)
- Miller v. Phillips (6/12/98) sp-4998, 959 P2d 1247
- [Procedure, Civil] (list doctor as expert; accuracy-medical records)
- [Torts] (midwife malpractice)
- Tope v. Christianson (6/5/98) sp-4997, 959 P2d 1240
- [Procedure, Civil] (res judicata; bankruptcy reorganization)
- Leisnoi, Inc. v. Stratman (6/5/98) sp-4995, 960 P2d 14
- [Attorneys and Judges] (standard of review, Rule 82 fee award)
- [Contracts] (terminate grazing lease)
- Alaska v. Beard (5/29/98) sp-4996, 960 P2d 1
- [Business, Commercial/Labor Law] (failure to exhaust; constr. Discharge)
- E.M. v. Alaska Division of Family and Youth Services (5/29/98) sp-4994, 959 P2d 766
- [Family Law] (termination of parental rights in ICWA case)
- C.R.B. v. C.C. (5/29/98) sp-4993, 959 P2d 375
- [Family Law] (modify custody against nonparents)
- Hayes v. A.J. Associates, Inc. (5/22/98) sp-4992, 960 P2d 556
- [Real Estate] (state reserves mineral rights)
- Alaska v. Johnson (5/22/98) sp-4991, 958 P2d 440
- [Attorneys and Judges] (prevailing party, enhanced fee award)
- [Procedure, Civil] (Rule 17, fictitious person as plaintiff)
- Kooly v. Alaska (5/22/98) sp-4990, 958 P2d 1106
- [Torts] (duty of care, sledding on State right-of-way)
- Kenai Peninsula Borough v. Arndt (5/22/98) sp-4989, 958 P2d 1101
- [Constitutional] (borough taxing authority)
- Baxley v. Alaska Dep't. of Natural Resources (5/15/98) sp-4988, 958 P2d 422
- [Administrative Agencies] (altering competitively bid contracts)
- [Constitutional] (uniform application; special legislation)
- Monette v. Hoff (5/15/98) sp-4987, 958 P2d 434
- [Evidence] (witness credibility, judge's discretion)
- [Family Law] (deference on custody decision, can't adopt CSED)
- L.H. v. Y.M. (5/15/98) sp-4986, 961 P2d 414
- [Constitutional] (self-incrimination privilege can be waived)
- Sielak v. Alaska Child Support Enforcement Div. (5/15/98) sp-4985, 958 P2d 438
- [Administrative Agencies] (agencies, creatures of legislature)
- [Family Law] (disestablish paternity, time limit)
- [Statutory Construction] (ex post facto laws)
- Frost v. Ayojiak (5/8/98) sp-4984, 957 P2d 1353
- [Procedure, Civil] (Rule (60(a)-(b), clerical error; new evidence)
- [Real Estate] (misidentification of land not "clerical error")
- Kenai Peninsula Borough v. Arndt (5/8/98) sp-4983
- --- Withdrawn and reissued as sp-4989 ---
- Broadribb v Broadribb (5/8/98) sp-4982, 956 P2d 1222
- [Family Law] (spousal support; tax consequences; fee award)
- Grober v. Alaska Child Support Enforcement Division (5/8/98) sp-4981, 956 P2d 1230
- [Family Law] (paternity suit brought by/on behalf of minor)
- [Statutory Construction] (retroactive procedural statutes)
- Hildebrandt v. City of Fairbanks (5/1/98) sp-4980, 957 P2d 974
- [Municipal Corporations] (§1983 police chase case)
- [Torts] (§1983 police chase case)
- Collins v. Arctic Builders (5/1/98) sp-4979, 957 P2d 980
- [Procedure, Appellate] (leniency for pro se appellants)
- Nielson v. Benton (5/1/98) sp-4978, 957 P2d 971
- [Attorneys and Judges] (fee award above Rule 82 benchmark)
- Suydam v. Alaska Commercial Fisheries Entry Commission (4/24/98) sp-4977, 957 P2d 318
- [Administrative Agencies] (CSED, burden of proof; AK residence)
- Marine v. Marine (4/24/98) sp-4976, 957 P2d 314
- [Family Law] (Rule 90.3 definition of shared-primary custody)
- McDowell v. Alaska (4/24/98) sp-4975, 957 P2d 965
- [Procedure, Civil] (two statutes of limitation)
- [Real Estate] ("property tort")
- [Torts] ("property tort"; define "tresspass")
- Lashbrook v. Lashbrook (4/24/98) sp-4974, 957 P2d 326
- [Constitutional] (due process requires hearing)
- [Family Law] (modify custody, right to hearing; domestic violence is change of circumstances)
- Neary v. McDonald (4/17/98) sp-4973, 956 P2d 1205
- [Torts] (negilgent entrustment)
- Munn v. Thornton (4/17/98) sp-4972, 956 P2d 1213
- [Business, Commercial/Labor Law] (owner-contractor not fiduciary)
- [Contracts] (Maxims of construction)
- [Procedure, Civil] (oral testimony, defer to fact-finder)
- Hodges v. Alaska Constructors, Inc. (4/17/98) sp-4971, 957 P2d 957
- [Workers' Compensation] (newly discovered evidence)
- D.K. v. Alaska Dep't. of Health & Social Services (4/17/98) sp-4970, 956 P2d 477
- [Family Law] (abandonment of child)
- Christensen v. NCH Corporation (4/17/98) sp-4969, 956 P2d 468
- [Procedure, Civil] (Rule 56 denial, no findings required)
- Dickerson v. Andrew (4/17/98) sp-4968, 956 P2d 458
- [Contracts] (unilateral mistake; immaterial breach)
- [Procedure, Civil] (Rule 60(b); mistake, excusable neglect)
- Hendren v. Alaska Child Support Enforcement Div. (4/10/98) sp-4967, 957 P2d 1350
- [Evidence] (CSED, reimburse only from obligor parent)
- [Statutory Construction] (three maxims of construction)
- Siekawitch v. Siekawitch (4/10/98) sp-4966, 956 P2d 447
- [Family Law] (requirements to modify custody/visit order)
- Leisnoi, Inc., v. Stratman (4/10/98) sp-4965, 956 P2d 452
- [Contracts] (interpret contract; extrinsic evidence)
- [Procedure, Civil] (settlement is a contract)
- Acevedo v. Liberty (4/10/98) sp-4964, 956 P2d 455
- [Family Law] (requirements to modify visitation order)
- Arctic Tug & Barge, Inc. v. Raleigh, Schwarz & Powell (4/10/98) sp-4963, 956 P2d 1199
- [Procedure, Civil] (oppose sum. Judg. Requires admissible evid.)
- [Torts] (nature and extent of duty is question of law)
- Dansereau v. Alaska Div. of Elections (4/3/98) sp-4962, 955 P2d 916
- [Attorneys and Judges] (public interest litigant fees)
- Kotzebue Lions Club v. City of Kotzebue (4/3/98) sp-4961, 955 P2d 921
- [Constitutional] (home rule provision of AK const.)
- [Municipal Corporations] (sales tax on gaming operations)
- Pieper v. Musarra (3/27/98) sp-4960, 956 P2d 444
- [Procedure, Civil] (leeway for pro-se litigant)
- Dodson v. Dodson (3/27/98) sp-4959, 955 P2d 902
- [Evidence] (accept trial judge's credibility ruling)
- [Family Law] (separation date/economic unit; reorient alimony; mandatory life insurance)
- Laborers Local #942 v. Lampkin (3/20/98) sp-4958, 956 P2d 422
- [Constitutional] (PLA-Equal protection)
- [Municipal Corporations] (PLA's in construction progjects)
- Nyberg v. University of Alaska (3/20/98) sp-4957, 954 P2d 1376
- [Business, Commercial/Labor Law] (insubordination)
- Beard v. Morris (3/20/98) sp-4956, 956 P2d 418
- [Family Law] (inadequate findings; voluntarily reduced income)
- Gates v. City of Tenakee Springs (3/13/98) sp-4955, 954 P2d 1035
- [Attorneys and Judges] (de facto judge doctrine)
- Roach v. Caudle (3/13/98) sp-4954, 954 P2d 1039
- [Attorneys and Judges] (discovery rule, atty. malpractice)
- [Procedure, Civil] (Discovery rule, distinguish Cameron case)
- Grober v. Alaska Child Support Enforcement Division (3/6/98) sp-4953
- --- Withdrawn and re-issued as SP-4981 ---
- Estate of Evancoe (3/6/98) sp-4952, 955 P2d 525
- [Business, Commercial/Labor Law] (corp. and shareholders are contractual)
- [Probate] (nontestamentary will substitutes)
- [Statutory Construction] (unambiguous successor statute)
- Alaska Dep't. of Revenue v. OSG Bulk Ships, Inc. (2/20/98) sp-4951, 961 P2d 399
- [Administrative Agencies] (income tax on multinational corps)
- Gaston v. Gaston (2/20/98) sp-4950, 954 P2d 572
- [Equity] (equitable estoppel)
- [Family Law] (mediation in custody visitation matters)
- Progressive Insurance Co. v. Simmons (2/20/98) sp-4949, 953 P2d 510
- [Statutory Construction] (implied repeal)
- Bolieu v. Sisters of Providence (2/13/98) sp-4948, 953 P2d 1233
- [Torts] (duty of care, spouses of nurses)
- Himschoot v. Dushi (2/13/98) sp-4947, 953 P2d 507
- [Contracts] (give meaning to whole contract)
- [Procedure, Civil] (sum. judg. supported by admissible evid.)
- Alaska Department of Military and Veterans Affairs v. Bowen (2/13/98) sp-4946, 953 P2d 888
- [Business, Commercial/Labor Law] (wrongful termination, preterm. hearing)
- [Constitutional] (property and liberty interest in job)
- University of Alaska v. University of Alaska Classified Employees Association (2/6/98) sp-4945, 952 P2d 1182
- [Business, Commercial/Labor Law] (waiver of collective bargaining subject)
- Robinson v. Robinson (2/6/98) sp-4944, 953 P2d 880
- [Family Law] (findings required when Rule 90.3 surpassed)
- Karen L. v. Alaska Div. of Family and Youth Services (2/6/98) sp-4943, 953 P2d 871
- [Procedure, Civil] (stay discovery, suit against gov't officials)
- [Torts] (duty of care, CINA case)
- Hammer v. City of Fairbanks (2/6/98) sp-4942, 953 P2d 500
- [Workers' Compensation] (late-payment penalty)
- Hendren v. Alaska Child Support Enforcement Div. (1/30/98) sp-4941
- --- withdrawn and reissued as sp-4967 ---
- City of Fairbanks v. Amoco Chemical Co. (1/30/98) sp-4940, 952 P2d 1173
- [Procedure, Civil] (prefer longer of two limitation stats.)
- [Torts] (negligent vs. intentional misrep.)
- Johnson v. Olympic Liquidating Trust (1/30/98) sp-4939, 953 P2d 494
- [Attorneys and Judges] (contract, not Rule 82, controls fee)
- [Business, Commercial/Labor Law] (fraud may not avoid entire note)
- [Contracts] (fraud may not avoid entire contract)
- Sykes v. Melba Creek Mining, Inc. (1/30/98) sp-4938, 952 P2d 1164
- [Contracts] (essential elements of a contract)
- [Procedure, Appellate] (issue not in points on appeal waived)
- [Procedure, Civil] (witness list sanction too harsh)
- McGhee v. Alaska (1/23/98) sp-4937, 951 P2d 1215
- [Administrative Agencies] (DWI license revocation)
- [Criminal] (DWI license revocation)
- Bering Straits Coastal Mgt. Program v. Noah (1/23/98) sp-4936, 952 P2d 737
- [Administrative Agencies] (trapper cabin in coastal area)
- [Procedure, Appellate] (reasonable basis standard, agency review)
- West v. Lawson (1/16/98) sp-4935, 951 P2d 1200
- [Family Law] (divided physical custody)
- J.W. v. R.J. (1/16/98) sp-4934, 951 P2d 1206
- [Family Law] (custody between parent and non-parent)
- Dunn v. Dunn (1/16/98) sp-4933, 952 P2d 268
- [Family Law] (imputed income; IRA interest Ross theory)
- Ross v. City of Sand Point (1/16/98) sp-4932, 952 P2d 274
- [Business, Commercial/Labor Law] (wrongful discharge)
- [Torts] (wrongful discharge)
- C.T. v. J.S. & C. B. (1/16/98) sp-4931, 951 P2d 1199
- [Equity] (equitable estoppel)
- [Family Law] (adoption requires parent consent)
- Hayes v. A.J. Associates (1/16/98) sp-4930
- --- withdrawn and reissued as sp-4992 ---
- M.A. v. U.S. (1/2/98) sp-4929, 951 P2d 851
- [Damages] (failure to diagnose pregnancy)
- [Torts] (failure to diagnose pregnancy)
- Hernandez v. Lambert (1/2/98) sp-4928, 951 P2d 436
- [Constitutional] (full faith, tribal courts)
- [Family Law] (1 year to challenge adoption)
- Swiss v. Chignik River, Ltd. (1/2/98) sp-4926, 951 P2d 433
- [Statutory Construction] (terms not included presumed excluded)
These Opinions were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc.,
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