City of Philadelphia v. DOI, et al
| CITY OF PHILADELPHIA |
| U.S. DEPARTMENT OF INTERIOR, SECRETARY U.S. DEPARTMENT OF INTERIOR, DIRECTOR NATIONAL PARK SERVICE and NATIONAL PARK SERVICE |
| GOVERNOR OF PENNSYLVANIA and MEMBERS OF THE SENATE DEMOCRATIC CAUCUS OF THE SENATE OF PENNSYLVANIA |
| AMERICAN HISTORICAL ASSOCIATION, HISTORIANS, ARCHAEOLOGISTS, AND SCHOLARS, AVENGING THE ANCESTOR COALITION AND THE BLACK JOURNEY, PRESERVATION ALLIANCE FOR GREATER PHILADELPHIA, COUNCIL OF BISHOPS OF THE AFRICAN METHODIST EPISCOPAL CHURCH, DR. ERICA ARMSTRONG DUNBAR, HOWARD LAW CIVIL RIGHTS CLINIC, BARRISTERS' ASSOCIATION OF PHILADELPHIA, PHILADELPHIA BAR ASSOCIATION, COUNTY OF BUCKS, COUNTY OF CHESTER, COUNTY OF DELAWARE, COUNTY OF MONTGOMERY and ADAM ROTHMAN |
| 26-1348 |
| February 18, 2026 |
| U.S. Court of Appeals, Third Circuit |
| APA Review/Appeal |
Docket Report
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Filing 121
ECF FILER: Petition filed by Appellee City of Philadelphia for Rehearing before original panel and the court en banc. Certificate of Service dated 08/03/2026. Service made by ECF. [26-1348] (ABT) [Entered: 08/03/2026 03:58 PM]
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Filing 120
ORDER (HARDIMAN, RESTREPO and PHIPPS, Circuit Judges) Having fully considered Appellees response and having exercised its discretion to issue the mandate forthwith, the requested relief within the Appellees response, including any request for an order recalling or staying the mandate, is DENIED. Hardiman, Authoring Judge. (LMR) [Entered: 07/10/2026 04:40 PM]
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Filing 119
ECF FILER: Response filed by Appellee City of Philadelphia to motion, court order. Certificate of Service dated 07/07/2026. [26-1348] (ABT) [Entered: 07/07/2026 04:01 PM]
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Filing 118
ORDER (HARDIMAN, RESTREPO and PHIPPS, Circuit Judges) The foregoing Motion for reconsideration and to recall the mandate is DENIED as to the request to recall the mandate and GRANTED insofar as the City seeks to file a response in opposition. The City is directed to file its response in opposition by 5:00 p.m. on Tuesday, July 7, 2026.. Hardiman, Authoring Judge. (KAG) [Entered: 07/03/2026 07:24 PM]
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Filing 117
ECF FILER: Motion filed by Appellee City of Philadelphia to reconsider order dated 07/03/2026. Certificate of Service dated 07/03/2026. Service made by ECF. [26-1348] (ABT) [Entered: 07/03/2026 12:07 PM]
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Filing 116
MANDATE ISSUED. (KAG) [Entered: 07/03/2026 09:41 AM]
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Filing 115
ORDER (HARDIMAN, RESTREPO and PHIPPS, Circuit Judges) granting motion to immediately issue the mandate filed by Appellants Secretary U.S. Department of Interior, DOI, National Park Service and Director National Park Service. Hardiman, Authoring Judge. (KAG) [Entered: 07/03/2026 09:34 AM]
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Filing 114
ECF FILER: Motion filed by Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior to Issue the Mandate. Certificate of Service dated 07/02/2026. Service made by ECF. [26-1348] (GBi) [Entered: 07/02/2026 02:03 PM]
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Filing 113
JUDGMENT, VACATED and the cause REMANDED with instruction to the District Court for it to dismiss Counts II through V for lack of jurisdiction and to dispose of Count I consistent with the Opinion of the Court. Costs shall not be taxed. (LMR) [Entered: 06/18/2026 08:47 AM]
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Filing 112
PRECEDENTIAL OPINION. Coram: HARDIMAN, RESTREPO and PHIPPS, Circuit Judges. Total Pages: 36. Judge: HARDIMAN Authoring. (LMR) [Entered: 06/18/2026 08:46 AM]
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Filing 111
ORDER (HARDIMAN, RESTREPO and PHIPPS, Circuit Judges) granting Motion by Montgomery County et al to proceed as amicus in support of appellee, granting motion by Professor Adam Rothman to proceed as amicus in support of appellee, and granting motion by appellants to file corrected reply brief. Thomas M. Hardiman, Authoring Judge. (EAF) [Entered: 06/17/2026 01:59 PM]
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Filing 110
ECF FILER: Response filed by Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior to Rule 28(j) letter. Certificate of Service dated 06/16/2026. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [26-1348] (GBi) [Entered: 06/16/2026 08:21 PM]
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Filing 109
ECF FILER: Letter dated 06/15/2026 , filed pursuant to Rule 28(j) from counsel for Appellee City of Philadelphia. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [26-1348] (KSD) [Entered: 06/15/2026 03:30 PM]
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Filing 108
ECF FILER: LETTER from Attorney Gregory B. in den Berken, Esq. for Appellants Director National Park Service, National Park Service, Secretary U.S. Department of Interior and DOI Regarding Planned NPS Work Affecting the President's House. Certificate of Service dated 06/12/2026. Service made by ECF. [26-1348] (GBi) [Entered: 06/12/2026 01:46 PM]
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Filing 107
ECF FILER: Response filed by Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior to clerk order. Certificate of Service dated 06/05/2026. [26-1348] (GBi) [Entered: 06/05/2026 04:49 PM]
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Filing 106
ECF FILER: Response filed by Appellee City of Philadelphia to clerk order. Certificate of Service dated 06/05/2026. [26-1348] (ABT) [Entered: 06/05/2026 04:41 PM]
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Filing 105
ECF FILER: Response filed by Amicus Appellee Avenging the Ancestor Coalition and the Black Journey to clerk order. Certificate of Service dated 06/05/2026. [26-1348] (CM) [Entered: 06/05/2026 03:45 PM]
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Filing 104
TEXT ORDER (Clerk) entered at the direction of the Court. At oral argument, counsel for amicus was asked whether the change-in-position doctrine -- in particular its requirement that an agency demonstrate that its change in position was in cognizance of serious reliance interests -- has been applied to changes in agency position designed to carry out or implement an executive order. See generally FDA v. Wages & White Lion Invs., LLC, 604 U.S. 542, 570 (2025). Amicus as well as the parties are invited to address this question in a letter brief not to exceed 750 words filed by Friday, June 5, 2026. (GPK) [Entered: 06/03/2026 01:58 PM]
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Filing 103
COURT MINUTES OF ARGUED/SUBMITTED CASES. (PM) [Entered: 06/02/2026 03:31 PM]
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Filing 102
ARGUED on Tuesday, June 02, 2026. Panel: HARDIMAN, RESTREPO and *PHIPPS, Circuit Judges. Cara McClellan arguing for Amicus Appellee Avenging the Ancestor Coalition and the Black Journey; Anne B. Taylor arguing for Appellee City of Philadelphia; Gregory B. in den Berken arguing for Appellant Secretary U.S. Department of Interior. *(Participated in Video Conference.) (PM) [Entered: 06/02/2026 03:30 PM]
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Filing 101
TEXT ORDER (Clerk): By way of advance notice, among the questions that the parties will be requested to address at oral argument are inquiries into what "agency action" is challenged in this case. Questions in this regard will be asked against the backdrop of the following understandings, on which the parties should also be expected to share their positions: (i) the waiver of sovereign immunity in the Administrative Procedure Act, see 5 U.S.C. 702, is limited to "agency action"; (ii) the core agency actions are "the whole or a part of an agency rule, order, license, sanction, [or] relief," 5 U.S.C. 551(13); see generally Norton v. S. Utah Wilderness All., 542 U.S. 55, 62-63 (2004); and (iii) those core agency actions are each specifically defined in the APA, see 5 U.S.C. 551(4), (6), (8), (10), (11). In short, the parties will be asked whether this case challenges a rule, order, license, sanction, or relief, as those terms are defined in the APA. (RFH) [Entered: 05/31/2026 06:01 PM]
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Filing 100
ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Cara McClellan, Esq. for Amicus Appellee Avenging the Ancestor Coalition and the Black Journey. Certificate of Service dated 05/27/2026. Service made by ECF. [26-1348] (CM) [Entered: 05/27/2026 04:30 PM]
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Filing 99
TEXT ORDER (Clerk) At the direction of the Court, oral argument scheduled for June 2, 2026 at 2:30pm will be held in the Ceremonial Courtroom on the first floor. (PM) [Entered: 05/27/2026 10:34 AM]
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Filing 98
TEXT ORDER (Clerk) The motion is granted in part. Amici Avenging the Ancestors is granted leave to participate in oral argument with 5 minutes allocated from Appellees time. (PM) [Entered: 05/15/2026 04:53 PM]
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Filing 97
AMENDED Oral Argument Notification for Tuesday, 06/02/2026. Setting & Time: *Ceremonial Courtroom / 2:30pm. Location: Philadelphia, PA.--[Edited 05/27/2026 by PM] (PM) [Entered: 05/15/2026 04:38 PM]
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Filing 96
HARD COPY RECEIVED from Appellants Director National Park Service, National Park Service, Secretary U.S. Department of Interior and DOI - CORRECTED Reply Brief. Copies: 7. (PAR) [Entered: 05/15/2026 08:07 AM]
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Filing 95
ECF FILER: CORRECTED ELECTRONIC REPLY BRIEF on behalf of Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior. Certificate of Service dated 05/12/2026 by ECF. [26-1348] (GBi) [Entered: 05/12/2026 04:24 PM]
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Filing 94
ECF FILER: UNOPPOSED Motion filed by Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior to amend - Appellants' Consent Motion for Leave to File Corrected Reply Brief (Doc. 93). Certificate of Service dated 05/12/2026. Service made by ECF. [26-1348] (GBi) [Entered: 05/12/2026 04:22 PM]
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Filing 93
ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Director National Park Service, Secretary U.S. Department of Interior, DOI and National Park Service. Certificate of Service dated 05/11/2026 by ECF. [26-1348] (GBi) [Entered: 05/11/2026 05:01 PM]
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Filing 92
ECF FILER: CORRECTED Response filed by Appellee City of Philadelphia to clerk order. Certificate of Service dated 05/08/2026. [26-1348] (ABT) [Entered: 05/08/2026 01:41 PM]
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Filing 91
Document removed as corrected response filed on 5/8/26 at Docket Entry No. 92. (ABT) [Entered: 05/08/2026 12:46 PM]
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Filing 90
TEXT ORDER (Clerk) At the direction of the Court, On consideration of the motion of Amici Avenging the Ancestors Coalition and the Black Journey for leave to present 5 minutes of oral argument, counsel for Appellee is directed to file by Friday, May 8, 2026, a response with the Court indicating whether Appellee consents to the time for Amici Avenging the Ancestors Coalition and the Black Journey to argue being designated as part of the total allocated time for argument in support of Appellee. (LMR) [Entered: 05/05/2026 04:14 PM]
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Filing 89
HARD COPY RECEIVED from Historians, Archaeologists, and Scholars in Support of Appellee - Amicus Brief. Copies: 7. (JD) [Entered: 05/04/2026 08:36 AM]
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Filing 88
HARD COPY RECEIVED from Appellee City of Philadelphia - Brief. Copies: 7. (JD) [Entered: 05/01/2026 02:52 PM]
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Filing 87
HARD COPY RECEIVED from Amicus Appellees Barristers' Association of Philadelphia and Philadelphia Bar Association - Amicus Brief. Copies: 7. (TMS) [Entered: 05/01/2026 02:26 PM]
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Filing 86
HARD COPY RECEIVED from Proposed Amicus-Appellee Adam Rothman - Amicus Brief. Copies: 7. (TMS) [Entered: 05/01/2026 02:12 PM]
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Filing 85
ECF FILER: ENTRY OF APPEARANCE from Timothy K. Lewis on behalf of Amicus Curiae Amicus Appellees Council of Bishops of the African Methodist Episcopal Church and Erica Armstrong Dunbar. [26-1348] (TKL) [Entered: 05/01/2026 11:17 AM]
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Filing 84
ECF FILER: ENTRY OF APPEARANCE from John S. Stapleton on behalf of Amicus Curiae The Preservation Alliance for Greater Philadelphia. [26-1348] (JSS) [Entered: 05/01/2026 10:46 AM]
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Filing 83
TEXT ORDER (Clerk) directing Attorney Timothy K. Lewis, Esq. for Amicus Appellees Council of Bishops of the African Methodist Episcopal Church and Erica Armstrong Dunbar to file an Entry of Appearance pursuant to L.A.R. 46.2. Due on or before 05/04/2026. (EAF) [Entered: 04/30/2026 03:44 PM]
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Filing 82
TEXT ORDER (Clerk) directing Attorney John S. Stapleton, Esq. for Amicus Appellee Preservation Alliance for Greater Philadelphia to file an Entry of Appearance pursuant to L.A.R. 46.2. Due on or before 05/04/2026. (EAF) [Entered: 04/30/2026 03:33 PM]
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Filing 81
HARD COPY RECEIVED from Amicus-Respondent Members of the Senate Democratic Caucus of the Senate of Pennsylvania - Amicus Brief. Copies: 7. (KEL) [Entered: 04/30/2026 03:30 PM]
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Filing 80
COMPLIANCE RECEIVED. Re-filing of Brief separate from the Motion received from Proposed Amici-Appellees County of Bucks, County of Chester, County of Delaware and County of Montgomery. (EAF) [Entered: 04/30/2026 01:07 PM]
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Filing 79
ECF FILER: LETTER from Attorney Gregory B. in den Berken, Esq. for Appellants Director National Park Service, National Park Service, Secretary U.S. Department of Interior and DOI Regarding Planned NPS Work Affecting the President's House. Certificate of Service dated 04/30/2026. Service made by ECF. [26-1348] (GBi) [Entered: 04/30/2026 12:42 PM]
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Filing 78
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Proposed Amici-Appellees County of Bucks, County of Chester, County of Delaware and County of Montgomery in support of Appellee/Respondent. Certificate of Service dated 04/30/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [26-1348] (MSP) [Entered: 04/30/2026 11:14 AM]
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Filing 77
PARTIAL COMPLIANCE RECEIVED. Addendum contaIning the bar membership certification received from Proposed Amicus-Appellee Adam Rothman; awaiting hard copies. (EAF) [Entered: 04/30/2026 10:37 AM]
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Filing 76
ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Proposed Amicus-Appellee Adam Rothman containing Certificate of Admission. Certificate of Service dated 04/29/2026 by ECF. [26-1348] (AML) [Entered: 04/29/2026 05:06 PM]
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Filing 75
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Barristers' Association of Philadelphia and Philadelphia Bar Association in support of Appellee/Respondent. Certificate of Service dated 04/29/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [26-1348] (DR) [Entered: 04/29/2026 04:20 PM]
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Filing 74
ECF FILER: Motion filed by Amicus Appellee Avenging the Ancestor Coalition and the Black Journey for Cara McClellan to participate in oral argument. Certificate of Service dated 04/29/2026. Service made by ECF. [26-1348] (CM) [Entered: 04/29/2026 04:05 PM]
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Filing 73
HARD COPY RECEIVED from Avenging the Ancestor Coalition and the Black Journey in support of Appellee - Amicus Brief. Copies: 7. (JD) [Entered: 04/29/2026 03:12 PM]
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Filing 72
HARD COPY RECEIVED from Preservation Alliance for Greater Philadelphia- Amicus Brief. Copies: 7. (TMS) [Entered: 04/29/2026 02:54 PM]
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Filing 71
ECF FILER: ENTRY OF APPEARANCE from Dariely Rodriguez on behalf of Amicus Curiae Howard Law Civil Rights Clinic, The Barristers' Association of Philadelphia, and Philadelphia Bar Association. [26-1348] (DR) [Entered: 04/29/2026 02:51 PM]
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Filing 70
TEXT ORDER (Clerk) directing Attorney Andrew M. Leblanc, Esq. for Proposed Amicus-Appellee Adam Rothman to 1) submit 7 SINGLE SIDED hard copies in green covers for the amicus brief e-filed on 04/27/2026 2) file an Addendum to Brief containing a bar membership certification (in electronic format only) that was omitted from the brief. Due on or before 05/04/2026.This Order does not change the deadline for filing the next brief. --[Edited 04/29/2026 by EAF - Text edited to reflect further direction of the Court] (MCW) [Entered: 04/29/2026 02:36 PM]
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Filing 69
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Dr. Erica Armstrong Dunbar and the Council of Bishops of the African Methodist Episcopal Church in support of Appellee/Respondent. Certificate of Service dated 04/29/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [26-1348] (TKL) [Entered: 04/29/2026 12:03 PM]
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Filing 68
TEXT ORDER (Clerk) directing Attorney Marcel S. Pratt, Esq. for Proposed Amici-Appellees County of Delaware, County of Bucks, County of Chester and County of Montgomery to re-file the Amicus Brief separately (that was attached to the motion as an Exhibit) on 4/27/26. NOTE: Once re-filed, the brief will be removed from the motion. Due on or before 05/04/2026.This Order does not change the deadline for filing the next brief. (EAF) [Entered: 04/29/2026 11:47 AM]
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Filing 67
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of The Preservation Alliance for Greater Philadelphia in support of Appellee/Respondent. Certificate of Service dated 04/28/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [26-1348] (JSS) [Entered: 04/28/2026 05:13 PM]
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Filing 66
HARD COPY RECEIVED from Professor Adam Rothman - Amicus Brief. Copies: 7.[NONCOMPLIANT]--[Edited 04/29/2026 by MCW] (JD) [Entered: 04/28/2026 12:53 PM]
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Filing 65
HARD COPY RECEIVED from Montgomery, Bucks, Chester, and Delaware Counties in Pennsylvania in Support of Appellee- Amicus Motion/Brief. Copies: 7. (JD) [Entered: 04/28/2026 10:13 AM]
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Filing 64
ECF FILER: ENTRY OF APPEARANCE from Avatara Smith-Carrington on behalf of Amicus Curiae Avenging the Ancestors Coalition and The Black Journey. [26-1348] (AAS) [Entered: 04/28/2026 09:52 AM]
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Filing 63
HARD COPY RECEIVED from The American Historical Association in of Appelle- Amicus Brief. Copies: 7. (JD) [Entered: 04/28/2026 09:00 AM]
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Filing 62
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Avenging the Ancestors Coalition and The Black Journey in support of Appellee/Respondent. Certificate of Service dated 04/27/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [26-1348] (CM) [Entered: 04/27/2026 08:59 PM]
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Filing 61
ECF FILER: ENTRY OF APPEARANCE from Chelsea Stine on behalf of Amicus Curiae HISTORIANS, ARCHAEOLOGISTS, AND SCHOLARS. [26-1348] (CCS) [Entered: 04/27/2026 04:57 PM]
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Filing 60
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Professor Adam Rothman in support of Appellee/Respondent. Certificate of Service dated 04/27/2026 by ECF. F.R.A.P. 29(a) Permission: NO. [26-1348] (AML) [Entered: 04/27/2026 04:53 PM]
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Filing 59
ECF FILER: Motion filed by Professor Adam Rothman to proceed as amicus on the merits in support of Appellee/Respondent. Certificate of Service dated 04/27/2026. [26-1348] (AML) [Entered: 04/27/2026 04:51 PM]
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Filing 58
ECF FILER: ELECTRONIC BRIEF on behalf of Appellee City of Philadelphia. Certificate of Service dated 04/27/2026 by Email. [26-1348] (ABT) [Entered: 04/27/2026 04:47 PM]
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Filing 57
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of HISTORIANS, ARCHAEOLOGISTS, AND SCHOLARS in support of Appellee/Respondent. Certificate of Service dated 04/27/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [26-1348] (CCS) [Entered: 04/27/2026 04:45 PM]
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Filing 56
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Members of the Senate Democratic Caucus of the Senate of Pennsylvania in support of Appellee/Respondent. Certificate of Service dated 04/27/2026 by ECF. F.R.A.P. 29(a) Permission: YES. --[Edited 04/29/2026 by EAF - Text edited] [26-1348] (SAS) [Entered: 04/27/2026 02:42 PM]
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Filing 55
ECF FILER: ENTRY OF APPEARANCE from Facundo Bouzat on behalf of Amicus Curiae American Historical Association. [26-1348] (BMR) [Entered: 04/27/2026 02:37 PM]
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Filing 54
ECF FILER: ENTRY OF APPEARANCE from Burt M. Rublin on behalf of Amicus Curiae American Historical Association. [26-1348] (BMR) [Entered: 04/27/2026 02:36 PM]
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Filing 53
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of American Historical Association in support of Appellee/Respondent. Certificate of Service dated 04/27/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [26-1348] (BMR) [Entered: 04/27/2026 02:34 PM]
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Filing 52
ECF FILER: ENTRY OF APPEARANCE from Jessica Rizzo on behalf of Amicus Curiae Montgomery, Bucks, Chester and Delaware Counties Pennsylvania. [26-1348] (MSP) [Entered: 04/27/2026 02:08 PM]
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Filing 51
ECF FILER: ENTRY OF APPEARANCE from Travis Watson on behalf of Amicus Curiae Montgomery, Bucks, Chester and Delaware Counties Pennsylvania. [26-1348] (MSP) [Entered: 04/27/2026 02:07 PM]
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Filing 50
ECF FILER: ENTRY OF APPEARANCE from Marcel Pratt on behalf of Amicus Curiae Montgomery, Bucks, Chester, and Delaware Counties Pennsylvania. [26-1348] (MSP) [Entered: 04/27/2026 02:06 PM]
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Filing 49
ECF FILER: MOTION filed by Montgomery, Bucks, Chester and Delaware Counties Pennsylvania to proceed as Amicus in support of Appellee. Certificate of Service dated 04/27/2026. --[Edited 04/29/2026 by EAF - Event and text edited; Brief requested to re-file] [26-1348] (MSP) [Entered: 04/27/2026 02:05 PM]
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Filing 48
ECF FILER: ENTRY OF APPEARANCE from Andrew M. Leblanc on behalf of Amicus Curiae Professor Adam Rothman. [26-1348] (AML) [Entered: 04/27/2026 11:37 AM]
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Filing 47
TEXT ORDER (Clerk) At the direction of the Court, argument scheduled for Tuesday, June 2, 2026 will now begin at 3pm.--[Edited 05/15/2026 by PM Please see amended oral argument notice docket entry #97.] (KY) [Entered: 04/16/2026 11:52 AM]
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Filing 46
ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Anne B. Taylor, Esq. for Appellee City of Philadelphia. Certificate of Service dated 04/13/2026. Service made by ECF. [26-1348] (ABT) [Entered: 04/13/2026 04:40 PM]
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Filing 45
ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Gregory B. in den Berken, Esq. for Appellants Director National Park Service, National Park Service, Secretary U.S. Department of Interior and DOI. Case Summary: The government appeals a mandatory preliminary injunction ordering the National Park Service to restore exhibits at the President's House. Issues include standing, APA reviewability, 16 U.S.C. 407n's scope, and the mandatory-injunction standard. Post Video: YES. [26-1348] (GBi) [Entered: 04/13/2026 02:15 PM]
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Filing 44
ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Gregory B. in den Berken, Esq. for Appellants Director National Park Service, National Park Service, Secretary U.S. Department of Interior and DOI. Certificate of Service dated 04/13/2026. Service made by ECF. [26-1348] (GBi) [Entered: 04/13/2026 02:13 PM]
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Filing 43
ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Kelly S. Diffily, Esq. for Appellee City of Philadelphia. Case Summary: Whether the District Court acted within its discretion in granting a preliminary injunction directing the Federal Government Appellants to restore the President's House Site to its physical status as of January 21, 2026?. Post Video: YES. [26-1348] (KSD) [Entered: 04/13/2026 01:07 PM]
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Filing 42
ORDER (HARDIMAN, RESTREPO and PHIPPS, Circuit Judges) granting uncontested motion filed by Appellants for Leave to File Corrected Brief. Thomas M. Hardiman, Authoring Judge. (EAF) [Entered: 04/10/2026 03:04 PM]
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Filing 41
Oral Argument Notification for Tuesday, 06/02/2026. Setting & Time: Maris Courtroom / 3:00pm. Location: Philadelphia, PA. --[Edited 04/16/2026 by AR to change the time to 3:00pm per Text Order at entry no. 47] (PM) [Entered: 04/09/2026 03:13 PM]
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Filing 39
ORDER (HARDIMAN, RESTREPO and PHIPPS, Circuit Judges) The foregoing Motion for a Stay Pending Appeal having been referred to a three-judge motions panel, the Motion is GRANTED in part and DENIED in part as follows: [Please open the attachment for the full text of the Order] Panel No.: ECO-034-E. Hardiman, Authoring Judge. (LMR) [Entered: 04/09/2026 09:49 AM]
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Filing 38
HARD COPY RECEIVED from Appellants Director National Park Service, National Park Service, Secretary U.S. Department of Interior and DOI - Joint Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). (EAF) [Entered: 04/03/2026 12:11 PM]
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Filing 37
HARD COPY RECEIVED from Appellants Director National Park Service, National Park Service, Secretary U.S. Department of Interior and DOI - CORRECTED Brief with Volume I of Appendix attached. Copies: 7. --[Edited 04/01/2026 by EAF - Text edited to include all party filers] (PAR) [Entered: 04/01/2026 10:06 AM]
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Filing 36
ECF FILER: CORRECTED ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior. Certificate of Service dated 03/30/2026 by ECF. [26-1348] (GBi) [Entered: 03/30/2026 05:54 PM]
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Filing 35
ECF FILER: UNOPPOSED Motion filed by Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior for Leave to File Corrected Opening Brief (Doc. 33). Certificate of Service dated 03/30/2026. Service made by ECF. --[Edited 04/01/2026 by EAF - Text edited] [26-1348] (GBi) [Entered: 03/30/2026 05:50 PM]
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Filing 34
ECF FILER: ELECTRONIC JOINT APPENDIX Volume II on behalf of Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior. Certificate of service dated 03/27/2026 by ECF. --[Edited 03/30/2026 by EAF - Text edited to specify volume] [26-1348] (GBi) [Entered: 03/27/2026 04:46 PM]
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Filing 33
ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior. Certificate of Service dated 03/27/2026 by ECF. [26-1348] (GBi) [Entered: 03/27/2026 04:36 PM]
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Filing 32
ECF FILER: ENTRY OF APPEARANCE from Cara McClellan on behalf of Amicus Curiae Avenging the Ancestors Coalition and The Black Journey. [26-1348] (CM) [Entered: 03/16/2026 11:26 AM]
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Filing 31
TEXT ORDER (Clerk): At the direction of the Court, Appellants' motion for extension of time to file the Opening Brief and Appendix until March 27, 2026 is GRANTED. (RFH) [Entered: 03/13/2026 10:43 AM]
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Filing 30
ECF FILER: Response filed by Appellee City of Philadelphia to motion for extension of time. Certificate of Service dated 03/12/2026. [26-1348] (ABT) [Entered: 03/12/2026 09:55 AM]
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Filing 29
ECF FILER: ENTRY OF APPEARANCE from Anne B. Taylor on behalf of Appellee(s) City of Philadelphia. [26-1348] (ABT) [Entered: 03/12/2026 09:50 AM]
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Filing 28
ECF FILER: ENTRY OF APPEARANCE from Renee Garcia on behalf of Appellee(s) City of Philadelphia. [26-1348] (RMG) [Entered: 03/12/2026 08:56 AM]
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Filing 27
ECF FILER: Motion filed by Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior for Extension of Time to file Opening Brief until/for 14 days or March 27, 2026. Certificate of Service dated 03/11/2026. Service made by ECF. [26-1348] (GBi) [Entered: 03/11/2026 04:51 PM]
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Filing 26
ECF FILER: Reply by Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior to Response. Certificate of Service dated 03/06/2026. Service made by ECF [26-1348] (GBi) [Entered: 03/06/2026 04:57 PM]
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Filing 25
HARD COPY RECEIVED from Amicus-respondent Governor of Pennsylvania - Amicus Brief. Copies: 7. (JD) [Entered: 03/03/2026 03:58 PM]
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Filing 24
HARD COPY RECEIVED from Amicus-respondent Members of the Senate Democratic Caucus of the Senate of Pennsylvania - Amicus Brief. Copies: 7. (JD) [Entered: 03/03/2026 11:11 AM]
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Filing 23
ECF FILER: ENTRY OF APPEARANCE from Jesse O. Tomkiewicz on behalf of Amicus Curiae Members of the Senate Democratic Caucus of the Senate of Pennsylvania. [26-1348] (JT) [Entered: 02/27/2026 03:49 PM]
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Filing 22
ECF FILER: ENTRY OF APPEARANCE from Shannon A. Sollenberger on behalf of Amicus Curiae Members of the Senate Democratic Caucus of the Senate of Pennsylvania. [26-1348] (SAS) [Entered: 02/27/2026 03:39 PM]
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Filing 21
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Members of the Senate Democratic Caucus of the Senate of Pennsylvania in support of Appellee/Respondent. Certificate of Service dated 02/27/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [26-1348] (SAS) [Entered: 02/27/2026 03:38 PM]
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Filing 20
ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Governor Josh Shapiro in support of Appellee/Respondent. Certificate of Service dated 02/27/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [26-1348] (JBB) [Entered: 02/27/2026 02:57 PM]
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Filing 19
ECF FILER: Response filed by Appellee City of Philadelphia to Motion to Stay Pending Appeal. Certificate of Service dated 02/27/2026. [26-1348] (KSD) [Entered: 02/27/2026 02:10 PM]
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Filing 18
ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants DOI, Secretary U.S. Department of Interior, Director National Park Service and National Park Service advising this court that transcripts are already on file in the District Court. [26-1348] (GBi) [Entered: 02/23/2026 04:10 PM]
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Filing 17
ECF FILER: Concise Summary of the Case filed by Appellants DOI, Secretary U.S. Department of Interior, Director National Park Service and National Park Service. [26-1348] (GBi) [Entered: 02/23/2026 04:09 PM]
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Filing 16
ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants DOI, Secretary U.S. Department of Interior, Director National Park Service and National Park Service. [26-1348] (GBi) [Entered: 02/23/2026 04:08 PM]
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Filing 15
TEXT ORDER (Clerk) The City of Philadelphia is directed to file a response to the government's request for a stay pending appeal on or before Friday, February 27, 2026. (KAG) [Entered: 02/20/2026 05:12 PM]
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Filing 14
ORDER (Clerk) vacating briefing notice issued on 02/20/2026 it was issued in error and the briefing deadlines set forth in the court order remain. (AMR) [Entered: 02/20/2026 04:53 PM]
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Filing 13
NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 02/20/2026 04:39 PM]
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Filing 12
BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Director National Park Service, National Park Service, Secretary U.S. Department of Interior and U.S. Department of Interior due on or before 03/13/2026. Appendix due on or before 03/13/2026. [VACATED pursuant to Clerk Order entered February 20, 2026 it was issued in error and the briefing deadlines set forth in the court order remain] (AMR) [Entered: 02/20/2026 04:35 PM]
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Filing 11
ORDER (HARDIMAN, Circuit Judge) Appellants Emergency Motion for an Immediate Administrative Stay and for a Stay Pending Appeal is GRANTED IN PART, DENIED IN PART, and referred in part as follows. [Please open the attachment for the full text of the Court Order] Panel No.: ECO-032. HARDIMAN, Authoring Judge. (AMR) [Entered: 02/20/2026 03:54 PM]
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Filing 10
ECF FILER: Response filed by Appellee City of Philadelphia to clerk order, motion. Certificate of Service dated 02/20/2026. [26-1348] (KSD) [Entered: 02/20/2026 02:01 PM]
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Filing 9
TEXT ORDER (Clerk) At the direction of the Court, the City of Philadelphia is directed to file a response to the government's request for an administrative stay on or before 2:00 p.m. this afternoon. (KAG) [Entered: 02/20/2026 11:42 AM]
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Filing 8
ECF FILER: Motion filed by Appellants Director National Park Service, DOI, National Park Service and Secretary U.S. Department of Interior to stay - Government's emergency motion for immediate administrative stay and stay pending appeal. Certificate of Service dated 02/20/2026. Service made by ECF. [26-1348] (GBi) [Entered: 02/20/2026 09:59 AM]
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Filing 7
ECF FILER: ENTRY OF APPEARANCE from Mary Catherine Roper on behalf of Amicus Curiae Avenging the Ancestors Coalition and The Black Journey. [26-1348] (MR) [Entered: 02/19/2026 09:27 AM]
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Filing 6
ECF FILER: ENTRY OF APPEARANCE from Kelly Diffily on behalf of Appellee(s) CITY OF PHILADELPHIA. [26-1348] (KSD) [Entered: 02/18/2026 12:36 PM]
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Filing 5
ECF FILER: ENTRY OF APPEARANCE from Gregory B. David on behalf of Appellant(s) Doug Burgum, Secretary of the Interior; U.S. Dep't of the Interior; Jessica Bowron, Acting Director of the Nat'l Park Serv.; and Nat'l Park Serv., U.S. Dep't of the Interior.. [26-1348] (GBD) [Entered: 02/18/2026 10:22 AM]
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Filing 4
ECF FILER: ENTRY OF APPEARANCE from Gregory B. in den Berken on behalf of Appellant(s) Doug Burgum, Secretary of the Interior; U.S. Dep't of the Interior; Jessica Bowron, Acting Director of the Nat'l Park Serv.; and Nat'l Park Serv., U.S. Dep't of the Interior. [26-1348] (GBi) [Entered: 02/18/2026 09:02 AM]
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Filing 3
RECORD available on District Court CM/ECF. (LMR) [Entered: 02/18/2026 08:21 AM]
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Filing 2
NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (LMR) [Entered: 02/18/2026 08:20 AM]
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Filing 1
CIVIL CASE DOCKETED. Notice filed by Appellants Director National Park Service, National Park Service, Secretary U.S. Department of Interior and DOI in District Court No. 2:26-cv-00434. (LMR) [Entered: 02/18/2026 08:18 AM]
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