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Buchanan Tax Attorney Stuart Lewis Wins Full Concession From IRS in Deferred Compensation Case
Stuart M. Lewis, shareholder in Buchanan Ingersoll & Rooney's Tax Section, recently won a full concession from the IRS — a very rare move — in a case involving more than $30 million in taxes and penalties.

One of many similar cases brought by the IRS involving executives at large corporations, this case involved an IRS claim that stock options that were converted into deferred compensation triggered income (and penalty) taxes. Representing a former director of EMC Corporation, Lewis argued that his client's stock options were not taxable merely because they were converted into deferred compensation. Despite the IRS's initial position, which made minimal concessions, Lewis was not surprised at the outcome. He explained, “notwithstanding the hard-line position the IRS has been taking in these cases, once the IRS had to face the prospect of a U.S. Tax Court decision, it recognized the substantial merits of our case.”

This was the ninth case Lewis has handled that has resulted in the IRS conceding after attempting to impose substantial taxes and penalties on executives involved in deferred compensation programs.

06-21-2007

New 2007 "Rising Stars" Announced
Congratulations to the 21 attorneys in the firm's Cleveland, Columbus and Los Angeles offices who were recently named 2007 "Rising Stars" and are listed in the July editions of Ohio Super Lawyers - Rising Stars Edition and Cincinnati magazine and Southern Californial Super Lawyers - Rising Stars Edition and Los Angeles magazine, respectively.

These attorneys join the 18 in the firm's Houston office who were previously named Texas "Rising Stars" and listed in Texas Super Lawyers - Rising Stars Edition magazine and the April edition of TEXAS MONTHLY magazine.

A comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations, the "Rising Stars" selection process is designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. "Rising Stars" list the top 2.5 percent of up-and-coming attorneys in the state.

"Rising Stars" are selected by the 2006 "Super Lawyers" from that state/region, who were asked to vote for the best attorneys who are either 40 or under or who have been practicing 10 or fewer years. They are instructed to vote for lawyers they have personally observed in action—whether as opposing counsel or co-counsel, or through other first-hand courtroom observation.

06-21-2007

Vanover Joins Thompson Hine LLP
Amie L. Vanover has joined Thompson Hine LLP as an associate in the Personal & Succession Planning practice group. She focuses her practice on estate and tax planning, including charitable planning, estate and trust administration and organizing and advising tax-exempt organizations.

Vanover received her J.D. from The Ohio State University Moritz College of Law in 2001 and her B.A. from Capital University in 1998.

06-21-2007

Thelen Recognized Among the Best in the Industry in 2007 Chambers USA
Thirty Thelen Reid Brown Raysman & Steiner LLP attorneys have been recognized by clients and peers for leadership and excellence in the legal field in the newly-published fifth annual Chambers USA: America's Leading Lawyers for Business. Thelen attorneys are listed in 36 total entries, and 14 of the firm’s practice groups are highlighted as being among the best in the nation.

The firm ranks #1 in Construction in California and Washington, DC for the fifth year in a row, and jumps to #1 for the first time in New York.

Thelen’s Labor and Employment practice in California also makes the Chambers list for the first time, as does the Energy practice in Washington, DC.

Firm rankings also include: #2 in Projects in California, #2 in Technology and IT Outsourcing in New York, #2 in Real Estate in Connecticut, and #3 in Energy and Natural Resources in New York. Nationally, the firm ranks #2 in Business Process Outsourcing, #3 in Government Contracts, and #4 in Energy: Electricity.

To identify the nation’s top firms and attorneys in each practice and region, Chambers conducted more than 14,000 interviews with key in-house counsel and private practice lawyers. These interviews highlight Thelen's depth and experience, as well as the individual talents of our leading attorneys. The number of Thelen lawyers and practice areas recognized by the guide has increased every year since the U.S. rankings began in 2003.

06-21-2007

Thelen Receives Top Rankings for Nine Practices in 14 Regions
The 2007 Chambers USA: America's Leading Lawyers for Business, gives top rankings to nine of Thelen’s practice areas, in 14 total regions, placing them among the best in the nation. The following excerpts from this year’s guide show what clients and peers are saying about these leading practices:

Construction (California / District of Columbia / New York)

“Nationally and internationally renowned premier construction powerhouse.” “Wins widespread respect, confidence, and praise from both clients and competitors.” “Described as top flight and boasting a deep knowledge and understanding of the legal and practical aspects of construction law.” “With a strong host of good attorneys, Thelen is able to handle complex and significant construction matters with ease.” “The firm is efficient, keeps costs in check, brings the right lawyers to play, and allocates the right resources without overdoing it.” “Wins plaudits for its civil construction work, has an emphasis for representing owners and contractors, and enjoys great and unassailable links with multinational corporations.” “The merger brings together two of the leading groups.” “In 2006, this merger created a national construction team of 90 attorneys.” “Thelen is in a league by itself, with an excellent client base and a lot of really good lawyers.” “The firm is one of the first choices.”

Business Process Outsourcing (National)

“A long established reputation in the technology field.” “Definitely a player in the national outsourcing arena.” “[With] its recent merger with project finance, construction, and energy powerhouse Thelen, looks to expand its capability… especially on the West Coast and in Washington, DC.” “It is now more active on the customers’ side.”

Projects (California)

“Provides a deep and excellent understanding of industry and project development generally.” “The team provides strategic direction from the start and knows how to put together a successful project.” “Clients include: Wells Fargo, Energy Investors Fund, and Calpine for more than 15 years.” “Competitors hold high opinion of the group in wind and other renewables.” “It is also enjoying a burgeoning reputation in the development and financing of military housing ancillary facilities.”

Real Estate (New York / Connecticut)

“The Connecticut office provides the expertise of a New York City law firm without the prices.” “Fair, responsive and customer driven.” “Has an expanding real estate department that handles leasing, lending, and developing matters.” “Construction expertise is an added bonus, symbolic of the many resources it can call upon—as many as a lot of NY firms have.” “Clients are impressed and appreciate the easy manner and practical insights, depth, and sophistication, and extensive experience in the construction arena, expertise in Connecticut issues, and willingness to be flexible.” “The New York office has a 45-lawyer group, which increased the level of available resources considerable after the merger.” “With the cream of Wall Street’s lending community on its client roster, the Finance Practice group is ensured work on a large variety of transactions.” “The firm does an amazing job, especially on non-cookie-cutter transactions.”

Technology and IT Outsourcing (New York)

“Recognized for its e-commerce and general technology expertise.” “Brings a lot to the table from the outsourcing perspective.” “The attorneys are really at the forefront of what’s new, such as offshore tax issues.” “The practice is “obviously an established player in the NY market.” “The merger brought a reach that makes it more competitive on an international basis, since it brought the European and Asian connection it now has that it didn’t have before.“

Energy and Natural Resources (New York)

“Steeped in history as a utilities specialist, the firm continues to reap recognition in the energy industry.” “Regular outside counsel to the Long Island Power Authority.” “Advises on renegotiation of agreements surrounding management services with KeySpan.” “Capital markets are a prominent feature of the practice.” “Douglas Davidson co-chairs the Energy and Utilities practice, and the lawyers are said to have everything at their disposal.”

Government: Government Contracts (National)

“Californian construction and energy giant runs its government contracts business from Washington, DC.” “Client base reflects its parents’ industry strengths, including major engineering and construction companies such as URS & Foster Wheeler.” “Team was kick-started in 2004 with the arrival of the young and very capable Stuart Nibley.”

Labor and Employment (Connecticut / California)

“Labor and Employment California, making its debut appearance in the tables—this entry is acknowledgement of its growing litigation practice.” “Acts for some of the USA's largest employers, who come to the team specifically rather than as preexisting clients of the firm.” “Clients portray the firm as tough in negotiation and in court, and [as having] outstanding ongoing client dedication.” “Although a new entrant in Connecticut market, the firm is making a name for itself through its program of gradual expansion.” “The Hartford office has five full time attorneys, two of which are partners.” “Half of its work is litigation, with the remaining time split between advice and counseling.” “Ongoing growth in corporate outsourcing is generating work for the practice in associated L&E issues, alongside its regular diet of M&A related matters.”

Energy: Electricity (National / District of Columbia)

“Firm’s reputation in the energy sector rests with its track record as a utilities specialist.” “Attracting clients of the caliber of Long Island Power Authority through its experience in management services agreements and regulatory issues.” “With attorneys well versed in capital market instruments.” “William Baker is chair of the Energy Policy and Regulatory practice.” “Capable and efficient lawyers.” “Skilled handling of regulatory, finance, and transactional matters in the electricity sector.” “Represents a mix of independent power project developers, private investors, and lending institutions.” “The lawyers [have] FERC expertise and advise clients on compliance and performing confidential audits, as well as offering training.”

06-21-2007

2007 Chambers USA Highlights 30 Thelen Attorneys in 36 Rankings
In the newly-published fifth annual Chambers USA: America's Leading Lawyers for Business, 30 Thelen attorneys are highlighted for their accomplishments in a total of 36 rankings. The following excerpts from the 2007 guide show what clients and peers are saying about these outstanding lawyers:

Garry C. Berman
Connecticut, Real Estate: #1
“Garry Berman impresses his clients as a skilled and conscientious attorney who knows real estate law well and is able to focus on big issues.” “Clients praise his responsiveness, with one saying that, as a real estate attorney, he is without comparison.” “Berman is described as razor-sharp and tough.” “[H]is commercial acumen is also commended, with one client remarking: He has very sound business judgment in making decisions about what clients should care about.”

David Buoncristiani
California, Construction: #1
“[David] Buoncristiani has over 35 years of commercial litigation experience, with primary emphasis on construction-industry related issues.” “[He] is one of the best in California.” “He possesses a great business sense and also understands the client’s bottom line and structures his activities to further that goal.” “[Mr. Buoncristiani has] represented contractors in bid protest disputes arising under competitively-bid contracts.” “He has extensive experience involving international construction disputes; [is] experienced in all phases of discovery and pre-trial/pre-hearing procedures, including review and analysis of projects; [and is] experienced in the preparation and use of both manual and computerized document/information indexing and retrieval systems, and computer-generated graphics and evidence.”


Beverly W. Garofalo
Connecticut, Labor and Employment: #1
“Diplomatic and resourceful, Beverly Garofalo has made a name for herself in the state as a classic employment lawyer.” “[She] is a very bright, tenacious defender of her clients.” “Her strength is that she works in a manner that is respectful. She understands that when she left we had to carry on and still have a relationship with our employees.” “Notable highlights for Garofalo this year include defending a Wall Street company being tried in the Southern District of NY.” “She counsels employers on a wide range of employment issues, including sexual harassment.” “Ms. Garofalo also represents employers in federal and state courts, and before administrative agencies in cases involving claims of discrimination.” “She is on the Board of Editors of the Corporate Counselor Newsletter.”

Julian S. Millstein
New York, Technology and IT Outsourcing: #1 / National, Business Process Outsourcing: #2
“Clients agree that you can’t go wrong with Julian Millstein.” “[He is] one of the founders of the whole technology law area in New York.” “His recent work involved advising on BPO matters, telecom transactions, and various restructuring for a clientele that included financial institutions and service providers.” “His practice concentrates on negotiating and litigating outsourcing and e-commerce and IP matters.” “Mr. Millstein was a keynote speaker at the 2003 Outsourcing World Summit.” “[He is also] a co-author of the book Doing Business on the Internet: Forms and Analysis.”

Andrew D. Ness
Washington, DC, Construction: #1
“[Andrew Ness] is defined as an exceptional lawyer.” “Peers and clients describe him as great on contracts and the type of attorney who is outstanding at handling a major national case.” “[He] was recently successful in the negotiation of a complex termination in a privatization contract with the U.S. Department of Energy.” “Mr. Ness has been lead counsel on a wide variety of major construction disputes…[and] has worked extensively in drafting and negotiating design and construction contracts.”

Robert J. Reger, Jr.
New York, Energy Finance: #1 / Energy Transactional: #1
“Terrific finance expert Rob Reger advises investor-owned utilities and underwriting companies on corporate and securities matters.” “[One] interviewee lauded his wealth of experience, bringing to the table a history and sense of perspective.” “[He has an] amazing ability to spot strengths and weaknesses in transactions.” “Mr. Reger has structured a number of successful hedge funds and represents important European and Central/South American clients.” “[He] has helped build a number of successful businesses including occupational and physical therapy enterprises.”

Barbara G. Werther
Washington, DC, Construction: #1
“You want her on your side rather than opposing you.” “She can tear someone apart without being overt.” “[She is] a lawyer who is very tenacious and has a good grasp of the substantive issues, and who can strategize.” “[Clients and peers] praise her ability to see both the big picture and the details, and not get lost in either.” “[She is] the go-to person in construction defects litigation.” “In 1997, Ms. Werther was responsible for the only victory ever by a contractor in the District of Columbia.”

Thomas P. Giblin, Jr.
New York, Energy–Finance: #2 / Energy–Transactional: #2
“[Tom Giblin] inspires the utmost respect with his down to earth, bottom-line advice and easy going nature.” “[He] advises companies on general corporate and securities law matters.” “[He] advised Florida Power & Light on approximately $2 billion worth of securities in a number of deals.”

John R. Heisse, II
California, Construction: #2
“[John Heisse is] honorable and credible… skilled, aggressive, and possessing a deep understanding of construction issues.” “[He] focuses on heavy civil construction projects and is equally adept at both litigation and contract counseling.” “[Mr. Heisse] is a registered foreign lawyer with the Law Society of England and Wales.”

Michael Evan Jaffe
Washington, DC, Construction: #2
“[Michael Jaffe] specializes in litigation and negotiations in relation to construction disputes.” “[He is] one of the best trial lawyers who is a good advocate for clients.” “[He is] effective and creative in a dispute situation… a very hard fighter when you need it, and good on his feet.” “[Highlights include his] successful representation of Clark Construction Group.” “[He is] widely recognized in various Who’s Who and Best Lawyers lists, is focused on counseling and representing foreign businesses, and has served as an arbitrator in both domestic and international arbitration.”

Richard Raysman
New York, Technology and IT Outsourcing: #2 / National, Business Process Outsourcing: #3
“[Richard Raysman is a] distinguished lawyer, [who] continues to do well and be busy.” “[Mr. Raysman recently] advised an Indian service provider on a BPO transaction with a U.S. insurer.” “[He] concentrates on computer law, outsourcing, and IP issues.” “[His] understanding of technology has made him uniquely qualified to represent clients in technology issues.” “[He] speaks and writes extensively on technology issues, and has written for Harvard Business News and The New York Times.

Allen J. Ross
New York, Construction: #2
“[Allen Ross is] one of the founders of Ross & Cohen, which merged into Brown Raysman Millstein Felder & Steiner in 2005.” “[He is] a dean of the construction bar; [a] veteran lawyer who has it all, including a wonderful personality and manner; [and he] continues to carry the torch.” “[He has made a] special impact in disputes, and devotes time to acting neutral in arbitration and mediation.” “[He is also] regarded for his work in construction litigation and real estate law.”

David C. Spielberg
California, Projects: #2
“Clients benefit from [David Spielberg’s] very efficient style and background in engineering.” “[He is] strong in projects, particularly in renewables.” “[He has a] broad practice in business, commercial, and real estate law, [and has] handled a wide range of energy and financing transactions.”

Jeffrey B. Steiner
New York, Real Estate Finance: #2
“[Jeffrey Steiner] receives approval for his enormous and terrific practice in lending.” “[As] chair of the Business and Finance Department, [he is] steering his department into the burgeoning corporate and capital market arena.” “[He] regularly represents Wall Street investment banks, has written extensively on real estate, banking, and corporate finance, [and is] co-author of The New York LawJournal."

Robert B. Thum
California, Construction: #2
“[Robert Thum provides] excellent legal and practical advice, [is] very bright, [and] wins plaudits for his construction projects disputes work.” “[He has been] specializing in engineering and construction law since 1974 [and] has litigated and arbitrated a wide variety of cases involving major infrastructure projects.” “[He] serves as Construction Arbitrator of California’s Public Works Arbitration Program, and is a member of American Arbitration Associations National Panel of Construction Arbitrators.”


Mark P. Weitzel
California, Projects: #2
“[Mark Weitzel is a] principal player.” “[He is] a client favorite, known for his tax and finance advice.” “[He] has broad experience in project and infrastructure development and financing, [and] experience in the negotiation of investment, acquisition, and shareholder agreements.”

Kenneth A. Adler
New York, Technology and IT Outsourcing: #3 / National, Business Process Outsourcing: #4
“[Kenneth Adler is] thorough on all fronts.” “[He has a] wonderful demeanor [and] tremendous experience negotiating complex outsourcing transactions.” “[As] chair of Thelen’s Outsourcing Group, [he] drafts and negotiates all types of domestic and global outsourcing agreements.” “[He has] experience addressing the creation of and strategies relating to multi-sourced environments, [and] assists clients with respect to off-shore outsourcing strategies and service providers, including...in China and India.”

Jo Anne C. Adlerstein
New York, Immigration: #3
“[Jo Anne Adlerstein is a] big hit with clients.” “[She is] creative, reliable, and consistent.” “Clients appreciate her personal touch.” “Clients admit they feel as if we are the only client she is dealing with even though we know we are not.” “[She] shows a real level of caring [and] sees companies and individuals as human beings rather than just paperwork.” “[Ms. Adlerstein] has successfully defended investigations and prosecutions when representing corporations and individuals in dealing with federal and state government agencies.” “[She also] develops strategy for non-immigrant work visas, provisions of NAFTA, conducts immigration law compliance audits, and deals with clients seeking lawful permanent residence.”

David T. Dekker
Washington, DC, Construction: #3
“[David Dekker has a] thorough knowledge of insurance claims relating to construction [and is employed] nationwide by a number of major construction companies.” “[He has the] ability to think through the problems well and be both creative and detailed.” “[He] specializes in civil litigation, having handled a wide range of cases throughout the country.” “[He has] handled claims arising out of catastrophic occurrences on construction projects [and] advises construction clients concerning complex insurance and risk management issues.”


Thomas B. Glascock
California, Projects: #3
“[Tom Glascock is] trusted and respected.” “[He] represents lenders and borrowers in commercial and project finance transactions.” “[He is] co-chair of the firm’s Energy Project Development and Finance and Renewable Energy Groups.” “[Mr. Glascock is] recognized as one of the World’s Leading Project Finance Lawyers [and] one of the World’s Leading Energy and Natural Resources Lawyers.”

Robert J. MacPherson
New York, Construction: #3
“[Robert MacPherson is] well-prepared and articulate.” “[He] weaves compelling arguments and plays well to a jury.” “[He is] respected in all aspects of alternative dispute resolution.” “[He] focuses on drafting and negotiating contracts relating to construction projects, [and is also a] court-appointed and privately-designated arbitrator and mediator.”

Stuart B. Nibley
National, Government Contracts: #3
“[Stu Nibley is] young and very capable.” “[He is] outspoken, with a great sense of humor.” “[A] partner in the Construction and Government Contracts group, [he is] backed up by some excellent construction specialists.” “[Mr. Nibley] represents and defends civilian contractors before Board of Contracts Appeals [and also] represents clients in international arbitration.”

Robert B. Pringle
California, Antitrust: #3
“[Bob Pringle is] extremely knowledgeable about antitrust matters.” “His name is considered a big draw in the antitrust marketplace.” “[He is] active in criminal grand jury matters, contested mergers, and variety of civil litigations, [has] acted as counsel and special litigation counsel to corporate board of directors, [and has been] called to act as counsel for Fortune 200 and Global 500 companies.”

Stephen C. Yohay
Washington, DC, Labor and Employment: #3
“[Steve Yohay is an] acknowledged OSHA expert.” “[His] clients include employers in the electric utility, construction, energy, and chemical industries.” “[He has] extensive experience in representing major industry trade associations in rulemaking and litigation involving development of OSHA standards, [and] expertise in litigation following major industrial accidents, including civil and criminal matters.”

Frederick Cohen
New York, Construction: #4
“Chair of the Construction Law Committee at the Association of the Bar of the City of New York, [Fred Cohen has served as a] litigation and trial specialist for more than 35 years.” “[He is] active on private and public sector issues; [is] highly regarded in issues involving delays, defective performance, and structural failures; [and] has negotiated and prepared complex construction contracts for university halls, office buildings, and high-rise residential buildings.”

Richard P. Dyer
New York, Construction: #4
“[Dick Dyer is] an extremely helpful and effective classic construction lawyer… steeped in litigation and transactional experience, including advice relating to the World Trade Center Memorial and other civic projects.” “[He has] extensive experience in broad range on construction, transactional, and dispute matters.” “Projects include stadiums, aquariums, power projects, casino resorts, museums, hotels, etc., [and he is] involved in NY’s most visible construction projects: Lincoln Center World Trade Center Memorial, United Nations, Guggenheim Museum, etc.”

Phillip G. Lookadoo
Washington, DC, Energy–Electricity: #4
“[Phil Lookadoo is] creative and responsive, and can quickly adapt to FERC changes.” “[He is] knowledgeable on the use of financial derivatives (focused on hedging transactions designed to manage energy commodity risks), negotiation, and drafting in energy trading transactions.” “[Mr. Lookadoo] creates structured credit support arrangements for physical and financial commodity transactions for clients; advises clients regarding infrastructure project development; [and has] participated in numerous international transactions involving independent power project development.”

William T. Baker Jr.
Washington, DC, Energy–Regulatory: Senior Statesman / Energy–Transactional: Senior Statesman
“[Bill Baker is] chair of the Energy Policy and Regulatory [Department, and] specializes in corporate financing and restructuring.” “[He is] a first-class lawyer and a wonderful person, [who is] highly respected for his knowledge of the utility market.” A dean of the industry, [he is a] leading expert on the 2005 Energy Policy Act’s repeal of PUHCA.”

Stephen V. O’Neal
California, Construction: Senior Statesman
“Peers and clients continue to hold the experience and skills of Thelen’s co-chair and senior statesman Stephen O’Neal in high regard.” “[His] practice includes construction, real estate, and complex litigation and ADR.” “[With] 25 years of experience in bench, jury trial, and ADR representation of complex civil litigation clients (in real estate technology), [he has] participated in the resolution of complex business disputes throughout the world.”

Meredith Jones
California, Construction: Up and Coming
“[Meredith Jones is an] up-and-comer, noted for her tenacity [and] an excellent command over the facts of a case as they apply to the law.” “She is a member of the Construction and Government Contracts group, [whose practice] focuses on the resolution of complex construction disputes on domestic and international projects.”

06-21-2007

Chambers Legal Guide Gives High Marks to Stoel Rives Offices and Attorneys
Stoel Rives LLP, a leading U.S. full-service business law firm, is honored to announce that four of the firm’s offices and 61 of its attorneys are favorably ranked in the new edition of Chambers USA: Guide to America’s Leading Lawyers for Business.

The highly regarded Chambers USA guide ranks Stoel Rives attorneys in seven areas of law: corporate/commercial, corporate/mergers and acquisitions, intellectual property, labor and employment, litigation, environmental and natural resources, and real estate. Stoel Rives earned category rankings in four states where the firm has offices.

The firm’s Oregon office was ranked in five categories (“first tier” indicates the highest possible ranking): Corporate/M&A (first tier), Environment (first tier), Labor & Employment, Commercial Litigation (first tier), and Real Estate.

Chambers USA calls Stoel Rives “[t]he clear leader in Oregon’s corporate law market.... Even rivals admitted: ‘As hard as it is to say it, Stoel Rives is top when it comes to bench strength and clientele,’ while clients called it ‘the premier law firm in the region.’ The largest firm in Oregon, it deals with most of the major deals coming into the state.”

Stoel Rives’ Oregon office also won praise for its environmental and natural resources practice: “This principal player excels in scope from creative solutions to environmental issues.... Attorneys take pleasure in helping companies develop environmental strategies, thinking outside a purely legal framework to provide ‘workable business solutions.’ The team is ‘candid, ethical and honest as well as extremely skilled at what it does’ and this approach has led to a busy year.”

The firm’s litigation practice group in Oregon is “claiming an increasingly high percentage of complex and high-stakes litigation” and is “[h]ighly regarded by peers and clients alike.... Clients come from across the Pacific Northwest for its full-service work that includes distribution, licensing, antitrust, technology and real estate matters.”

Chambers USA is an annual guide to the leading business lawyers and law firms in the United States, compiled and released by respected international legal publisher Chambers & Partners. The rankings are based on extensive independent research, including detailed interviews with key in-house counsel and other attorneys throughout the United States.

The 26 Stoel Rives Oregon attorneys included in the new Chambers USA are listed below, along with the area of law for which each was selected. An asterisk indicates that the attorney earned the guide’s highest possible ranking.

06-21-2007

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