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Low 46F. In effect, they stripped neighbors of the right to sue for personal suffering. In 2017 lawmakers voted to limit future nuisance damages, leaving industry on the hook only for the diminished sales or rental value of plaintiffs homes. Dispatches from the Front Lines of Food and Farming. Together, they are regulated as a concentrated animal feeding operation, a type of industrial-scale farm known as a CAFO. If you share our stories on social media, please tag us in your posts using. Holloo Farms, like others, operate under an older permit. It was the first of five trials in 2018 and 2019bellwether cases for the other suits. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy, lawsuit against Conference USA on Tuesday, C-USA Standoff the Latest in a String of Messy Disputes in NCAA, announced plans to leave the C-USA a year earlier than the league expected in June, previously stated that it would use legal actions, released its football schedules for the fall 2022 season, College Football Playoff to Remain at Four Teams Due to Division on Expansion, Caleb Williams Lands With New Team, but His Larger Goal Remains the Same, Coach Bryan Harsin Is Staying at Auburn, But Now Faces Impossible Task, Lincoln Rileys Move to USC Already Making Waves in Los Angeles. Waco attorney Jim Hering, who represents Sanderson Farms, said the company is pleased to put the lawsuit behind them. If you ever had a sick child that had diarrhea and you accidentally left the Pamper in a hot car and you got in the car two days laterthat impact, she said. In addition to the negotiated proposal from April 2020, the Developer secured the following concessions from the Town: In sum, how does this final negotiated settlement differ from what would be allowed if the Town lost the lawsuit? Gary Marshall, President of Marshall Farms, was charged with 74 counts of cruelty, faced a $220,000 fine, and received a warning by the USDA. On the morning of the accident, Perkins said he got up about 5:30 to drive to work at a chicken farm in Chilton. Invalid password or account does not exist. One of them, she said, Lendora, I cant take it. Marshall Farms Group Ltd - Company Profile and News - Bloomberg Markets Subscribe Live Now Bloomberg TV+ Bloomberg Surveillance Bloomberg Surveillance with Tom Keene, Jonathan Ferro If you are interested in republishing or reposting this article, please contact [emailprotected], Barry Yeoman, Taylor Farms harvests 1.5 million to 1.6 million pounds of iceberg lettuce per day, making it one of the largest companies of its kind in the country. The plaintiffs included McKoy, her mother, and her elder brother. Hopefully now more people will be able to take a stand., Justin Phillips is a San Francisco Chronicle staff writer. READ MORE: White Delta farm owners are underpaying and pushing out Black workers. You have to credit Mississippi Today. The decisions by the 4th U.S. One of the boys was 2 weeks old at the time of the accident and suffered severe brain damage that likely will leave him incapacitated for the rest of his life, Dunnam said. Many of the farms are near the homes of African American families like the McKoys. We blew our chance to use it. LOUISVILLE, Colo. Less than two months after the Marshall Fire ripped through Boulder County, the Colorado Division of Insurance has received at least 54 formal complaints Smithfield lost all five, even the two for which it chose the plaintiffs. Perhaps they had this sense that we were complacent. You can cancel at any time. Many other Delta farms are engaging in these unlawful practices and more suits will be coming against those who do not pay fair wages to the local workers, said Amal Bouhabib, another one of the workers attorneys. According to THIS report, Marshal Farms has been cited for violations of the Animal Welfare Act, including that The program requires farm owners to pay both local workers and foreign workers the same wage, but years of paystubs obtained by Mississippi Today showed Black workers made mostly the federal minimum wage of $7.25 while getting fewer and fewer hours each season. David Hutsell, Greenleaf-Tarboros general manager, said he had no knowledge of the settlement, which was signed on Dec. 10 by Greenleaf CFO Donny Johnson. If it werent for Smithfield upholding their contract, he said, Id be in a mess.. Winds light and variable.. Cloudy. This made it harder to track whether regulators were taking those complaints seriously. But she said it was wrong for Britt to allow jurors to consider the same information in determining the size of punitive damages, citing the particular ability of potentially inflammatory evidence to sway a jurys calculation. The court vacated the punitive award and will return the case to the trial court to determine appropriate damages. Like screechinga screeching noise, she said. I think the settlements demonstrate its far better for these companies and these farms to pay people properly than to ignore the law.. "Family farm, mom and pop I guess Im no longer a hog farmer, he recalled his father saying. Last year, we had a Fathers Day cookout here, because my dad was too weak to go anywhere, she said. Request your data. *ABOUT US:Thank you for the click! Michigan Attorney General Dana Nessel sued Holloo Farms LLC near Marshall this week, asking an Ingham County judge to issue fines and stop the agribusiness from discharging contaminated runoff through a series of tiled fields and county drains. Johnson is one of several Black workers who filed a lawsuit against Pitts Farms in 2021. If youre not able to add the byline, please include a line at the top of the story that reads: This story was originally published by Mississippi Today and include our website, You cannot republish our editorial cartoons, photographs, illustrations or graphics without specific permission (contact our managing editor. Sources \u0026 extra linkshttp://boycottmarshallpetproducts.blogspot.com/2013/08/victory-green-hill-closed-forever.htmlhttp://boycottmarshallpetproducts.blogspot.com/2013/07/marshall-farm-awa-violations.htmlhttps://nopetstorepuppies.com/dog-breeder/marshall-farms-group-ltdhttps://fpv.tv/nyc-police-arrested-activists-using-a-drone-against-animal-cruelty/https://bfp.org/marshall/http://ferrettimes.blogspot.com/2008/03/marshall-farms-ferret-secrets.htmlhttps://www.peta.org/features/dirty-dozen-12-worst-ceos/https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/complaint-formhttps://www.onegreenplanet.org/animalsandnature/ties-between-pet-supply-and-lab-experiments/https://spiritofliberation.wordpress.com/shut-down-marshall/https://www.crueltyfreeinternational.org/what-we-do/breaking-news/italian-court-confirms-prison-sentences-dog-crueltyhttps://www.humanesociety.org/teddys-storyhttps://neavs.org/blog/problem-of-supply*The video at the start is taken at MF but many images in this video were taken at other facilities. April 5, 2019. On Facebook, Matthew Carter posted a video of a Smithfield truck hauling a double-decker load of animals past a row of feed bins. This limitation does not include fast-casual restaurants such as Panera, Chipotle, Starbucks or similar. Submitting this form below will send a message to your email with a link to change your password. Please contact [emailprotected] 2022 Food & Environment Reporting Network, Inc. All Rights Reserved. Founded in 2016 as the states first nonprofit, nonpartisan newsroom, Mississippi Todays roots in Capitol coverage have grown to encompass a myriad of beats beyond politics and policy, including education, public health, justice, environment, equity, and, yes, sports. No, there was nothing nice about what was happening in our communities.. Justin Phillips joined The San Francisco Chronicle in November 2016 as a food writer. The push is a response to the millions of dollars awarded to five groups of farm neighbors in North Carolina who sued a subsidiary of pork giant Smithfield Foods over water and Murphy-Brown is a subsidiary of Smithfield, which is owned by Hong Kong-based WH Group Limited. In April 2021, after months of negotiations with the developer, the Town Council voted (4-2) to deny the development agreement application. The right to replace a section of attached townhomes with multi-family apartments. Interested in reporting for us?Visit the Report for Us page to read a detailed description of how we work and how to pitch us a story. Smith, Reynolds and PMI requesting back wages, improved working conditions and the right to collective bargaining. In May 2018, Smithfield wrote in a letter to Kinlaw that the plaintiffs produced no scientific data to deem his farm a nuisance. Stinson Farms is a proposed development of approximately 73 acres within the Town of Stallings, located near the intersection of Idlewild Road and I-485, immediately adjacent to the Shannamara neighborhood, and across from Idlewild Village Shopping Center. The Thundering Herd joined the C-USA on Oct. 24., 2003, according to the program's bylaws. The EPA said that those who did complain reported retaliation, threats, intimidation, and harassment. In 1998, Herring received a letter from a farmers attorney saying that if she persisted in making groundless claims against his client, eventually we will ask the Court to put you in prison., None of the contract farmers were named in the lawsuits. Several residents said that for more than 15 years, the government has been well aware of the conditions they have to live with, but has done nothing to help, so complaining to NC DEQ would be futile, wrote Lilian Dorka, the director of the EPAs External Civil Rights Compliance Office. The latter instances also revealed that Marshall asked the league to not include it in athletic scheduling going forward. Maybe you ought to call him, Hutsell said. They alleged that Smithfield Foods refused to spend money on technology that could address these problems. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Smithfield has appealed the first three verdicts, which were the largest, to the Fourth US Circuit Court of Appeals, calling the litigation an almost existential threat to North Carolina farmers. As the verdicts rolled in last year, Smithfield announced a change in how it will handle its hog waste in North Carolina and two other states. Elizabeth Haddix, a managing attorney at the North Carolina regional office of the Lawyers Committee for Civil Rights Under Law, calls the 2017 measure a departure from centuries of legal tradition. The jurors declared Murphy-Brown interfered with the enjoyment of the residents property. Her older son, who was 2 at the time, suffered minor scratches on his neck. We have resolved these cases through a settlement that will take into account the divided decision of the court, Smithfield Foods Chief Administrative Officer Keira Lombardo said in a statement. The Salinas company issued a statement to The Chronicle acknowledging the lawsuit and said a third-party investigation into the matter did not support the claims made by the plaintiffs.. As a result, the schoolin its current positionargues that it has nothing in writing requiring it to abide by the conference's current bylaws. The Calhoun County farm lawsuit follows a similar CAFO case filed against a Muskegon area farm by Nessel in 2020, which resulted in a $120,000 fine and judge-approved settlement. This limitation does not include fast-casual restaurants such as Panera, Chipotle, Starbucks or similar. Wing, who was an associate professor at the University of North Carolina, described a letter he received from lawyers representing the North Carolina Pork Council. In addition to the favorable conditions negotiated prior to April 2020, the Town secured the following concessions from the developer in the settlement: What did the Developer receive in the settlement? I got to go.. According to the states complaint, the roughly 1,800 dairy cows and 500 cattle at Holloo Farms headquarters produce about 16.7 million gallons of liquid manure and another 5,000 tons of solid waste, which is spread on 2,851 farm acres around the county as fertilizer. Macro Hedge Funds Had a Banner Year. Hog farm neighbors often complain that the odor, while intermittent, is so overpowering that they cannot tend their gardens, hang their laundry, or invite relatives over for cookouts. A year later, her Top 25 Restaurants: Where to Eat in the Bay Area, Regulators look to impose ban on new natural gas water heaters, furnaces, High-speed rail to downtown S.F. The recent lawsuits provoked yet another round of legislative protections. (At the time, she was enjoying a novel about a werewolf.) By 2017, there were fewer than 20. The Sanderson Farms truck, driven by Joshua Frank Perkins, was traveling 57 mph when it struck the back of the womans car, according to the lawsuit. following organizations: Whoops! The Malcomsons aren't covered by State Farm, but they said they want others who haven't lost a home to know about the challenges they face with insurance. To learn more about our cartoon syndication services. There was harmony in that part of the county until this lawsuit got brought. Even though the restrictions were passed by the state legislature, they still apply to federal lawsuits. That meant most of the men in the Pitts Farms lawsuit, filed in 2021, didnt receive any of the federally mandated backwages the farm had to pay. Registration on or use of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your California Privacy Rights (User Agreement updated 1/1/21. Its illegal to take drone photos of feedlots in Texas. According to Vote Smart, a nonpartisan research group, Dixon received $28,975 from the livestock industry during the 2018 election cycle, out of $250,593 he raised. Its executives, lawyers, and political allies argue that the private nuisance claims were manufactured by trial lawyers looking to get rich from high-dollar jury awards. 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(AP) A federal appeals court on Thursday upheld a 2018 jury verdict that led to awarding monetary damages to The journal Environmental Health Perspectives, which is funded by the federal government, described the smell in these rural communities as reminiscent of rotten eggs and ammonia.. 2023 Advance Local Media LLC. We were retaliated against but kept fighting because we were doing the right thing and well continue to tell other farmworkers they dont have to accept abuse, plaintiff Jorge Bautista said. But the results reached today, and the funds which will be safeguarded by the court, will allow this child to receive the best possible care and reach his fullest potential in life. This channel is run by four raw fed slinky cat snakes and their momma (Bryn) we make educational videos, to help other pet parents learn how to take care of us! Eventually, the local workers said they were told they no longer had jobs, according to the lawsuits and interviews Mississippi Today had with former workers. The court is scheduled to hear oral arguments on the first case, involving the Kinlaw farm, starting January 28. It's getting national attention. Ty Pinkins, a former attorney on the case, said the result of the lawsuits has pressured other farms with visa workers into following federal mandates over pay for their local employees. This article may not be reproduced without express permission from FERN. It described the lawsuits as a money grab by a big litigation machine. In April 2018, Smithfield defense attorney Mark Anderson told jurors that the case wasnt really about the plaintiffs at all. We believe that an informed Mississippi is a better Mississippi. The experience of working there was horrible, Joyce McFadden, a former employee of Taylor Farms and a plaintiff in the lawsuit, said. North Carolina state law forced U.S. District Judge Earl Britt to cut the punitive damages to $2.5 million. Help keep the momentum going by rejoining our member community today. Community Rules apply to all content you upload or otherwise submit to this site. O. J. Smith Farms, which provides sweet potatoes to multiple purchasers and tobacco to Phillip Morris International and Reynolds American, will pay at least $90,000 while Greenleaf will pay at least $70,000. Justia US Law Case Law New York Case Law New The H-2A workers took home upwards of $11 an hour. Not the first white person has appeared against me. (There are some white plaintiffs in the lawsuits. We won't share it with anyone else. In June the Lawyers Committee sued the state, asking the court to declare both laws unconstitutional. Her father lives in a nursing home. They said the company can dispose of waste in less noxious ways but refuses to do so. Matthew Carter, whose family owns the farm next door to Farlands home, declined an interview request on behalf of the family. Neighbors of an industrial farm sued over conditions including horrible smells from open-air pig waste lagoons. Andrew Johnson, a farmer in Indianola, plowing a field in preparation for soy bean planting, Wednesday, Oct. 13, 2021. They overrode a second veto in 2018, restricting potential nuisance suit plaintiffs to those who live within a half-mile of the alleged nuisance and sue within a year after a farm opens or makes a fundamental change. (Switching products or expanding is not considered fundamental.) The Food & Environment Reporting Network is the first independent, non-profit news organization that produces in-depth and investigative journalism in the critically under-reported areas of food, agriculture, and environmental health. Our house was the neighborhood house where the kids came, where they played dodgeball and basketball and ate her mothers homemade biscuits. However, C-USA released its football schedules for the fall 2022 seasonon Feb. 11, with Marshall included. The catfish farm, along with 10 other farms, were fined a collective $122,610. Get the latest business insights from Dun & Bradstreet. At least, if the plaintiffs prevailed, she said, her nieces and nephews might be able to enjoy playing outdoors again. Why did the Town decide to settle the lawsuit? An increased buffer including a 5 brick wall between portions of the development and residents along Anglesey Court. What did the Town receive in the settlement? With your help, we've gotten a lot done but we're not finished yet! Is it coming from your house?. Find company research, competitor information, contact details & financial data for Marshall Farms Group, Ltd. of North Rose, NY. The practice involves housing thousands of hogs together, flushing their waste into holding pits and allowing bacteria to break down the material, which is ultimately sprayed onto fields. Livestock waste contains nutrients like nitrogen and phosphorus, which can benefit crops as fertilizer but can also degrade water quality and fuel algae blooms. Get the latest in local public safety news with this weekly email. Get up-to-the-minute news sent straight to your device. LANSING, MI A Calhoun County livestock farm is polluting the Kalamazoo River and its watershed with animal waste, according to a lawsuit filed at the behest of Michigan environmental regulators who say improper waste handling and manure spreading at the farm dates back nearly two decades. The company wont disclose financial terms. 16 former employees sue Taylor Farms for racial discrimination, Docs Lab closes without warning in North Beach. Its impossible to obtain photos of the inside of MF. Look for the "Republish This Story" button underneath each story. The photo shows milk leaking out of a production area. Just watch out for scams. Living beside the Carter farm, Farland has a different perspective. They had stopped working for Pitts before the audit period. An email message containing instructions on how to reset your password has been sent to the e-mail address listed on your account. Both Sunflower County farms Pitts Farms and Harris Russell Farms were featured in a Mississippi Today investigation that found a pattern of misuse of the H-2A visa program in the Delta. The law, she said, will hinder legitimate sufferers from suing. According to THIS report, Marshal Farms has been cited for violations of the Animal Welfare Act, including that an Inspector found that puppies were being euthanized and necropsied in a medical building in front of hospitalized puppies, potentially causing them distress. In June, Secretary of Labor Marty Walsh visited the Delta and met with some of the men in the lawsuits. Since this application was originally submitted, the Town changed its zoning ordinances to give the Town Council authority to turn down certain kinds of uses (gas stations, fast-food, and higher-density residential) that do not align with the Towns vision. A Waco mother and her two sons were injured almost three years ago when a Sanderson Farms truck slammed into the back of their car. Five that went to trial went against Smithfield, leading to hundreds of millions of dollars in punitive damages, which were later reduced because of state law capping such awards. Lombardo said the lawsuits were part of a coordinated effort by plaintiffs attorneys and their allies aimed at dismantling our safe, reliable and modern system of food production. She said in the middle of the coronavirus pandemic, its better to focus on producing good food instead of returning to ongoing and distracting litigation.. It is a sad comment on our society today that African Americans working in California are still called the n-word in the workplace, said Larry Organ from the California Civil Rights Law Group, the attorney representing the 16 plaintiffs. Smithfield ultimately removed its hogs from Kinlaw Farms. All of the supervisors while I was there spoke Spanish, she said. A maximum of two (2) quick service/fast-food restaurants, such as Chick-fil-A, McDonalds, Wendys, Bojangles, or similar. McKoy had traveled 90 miles from Bladen County, part of the flat and farm-heavy coastal plain that covers most of eastern North Carolina. Jurors watched video testimony of Steve Wing, an epidemiologist who died before the trial, describing the headaches, coughing, and nausea he found in higher numbers among hog farm neighbors than among cattle farm neighbors and those who didnt live near intensive livestock farms. The litigation sparked a public relations offensive: Smithfield called most of the trials unfair and the lawsuits an outrageous attack on animal agriculture. And the suits triggered a chain of political backlash and counter-backlash spanning all three branches of North Carolinas government. (This also explains why the federal court had to respect the states cap on punitive damages.) Circuit Judge G. Steven Agee wrote separately to say he would have given Murphy-Brown a new trial. The Sun Belt is expected to release its 2022 conference football schedules on March 1, and could include the three schools, as C-USA did earlier this month. Harris said in order for Taylor Farms to improve the way it treats African American employees, it must address the demographics of its staff. Last year, the International Brotherhood of Teamsters, which represents 2,500 workers at Taylor Farms Salinas salad processing plant, started a campaign against the company, claiming poor working conditions at the Tracy facility. In a diversity case such as thiswith North Carolina plaintiffs and a Virginia-based defendantthe court applies the controlling states substantive law, which here is North Carolina, senior District Judge W. Earl Britt wrote in one order, echoing a 1938 Supreme Court decision. Its an actual physical measurement of feces moving from the operation to the sampling device. Smithfields expert witnesses disputed Rogerss conclusions. Her mother grew up on that land, working in the fields with her sharecropper father and playing in the woods nearby. According to the filing, county officials complained of unnatural turbidity, color, foaming and suspended solids in drains receiving Holloo Farms runoff in March 2019, prompting a visit from state inspectors who observed at least 72,000 gallons of runoff entering the drains. Stallings Town Hall: 315 Stallings Road, Stallings, North Carolina 28104, Copyright 2023 by Town of Stallings NC In 2019, the group of workers joined FLOC and petitioned Barajas, Greenleaf, O.J. All rights reserved (About Us). There were definitely language barriers there. The latter was scaled back to $94 million because of the cap. The move represents the latest chapter in the ongoing conflict over how to address groundwater contamination in the state. Marshall sent C-USA a withdrawal notice of its plans to leave the league on Nov. 1 and followed up with another statement in December with the goal to leave before the 202223 school year. Ladies and gentlemen, he said, when the final chapter is written on these kinds of cases, I will tell you that the very people who are pretended to be represented are being prostituted for money., Ive lived on a farm all my life, he added. After the impact, the womans car was knocked into oncoming traffic and was hit by a van. Through partnerships with local and national mainstream media outlets, we seek to tell stories that will inspire, inform, and have lasting impact. Those farms quintupled the states hog population over four decades, to 9 million today. I would definitely avoid Marshall farms I dont want people to remember me by a smell, she said. The states 2,300 swine operations are responsible for most of the 10 billion gallons of wet livestock waste generated in North Carolina, according to a 2016 analysis by the Environmental Working Group and Waterkeeper Alliance, an international clean water group. Smith Farms of Whitakers will pay a minimum of $160,000 to The jury awarded the 10 plaintiffs $50.75million combined, though the award was reduced to $3.25 million because of a state cap on punitive damages. While this has been a difficult fight, Sanderson Farms should be acknowledged for stepping up in the end to financially see to this childs care.. I almost had a nervous breakdown dealing with that place.. Attorneys for Holloo Farms declined to comment. They wanted to make sure this child was provided with the best medical care possible for the remainder of his life.. Wake up to the day's most important news. I know they are looking forward to closing this matter up, Hering said. Asked whether Smithfield believes Kinlaw did anything wrong, Martin declined to answer. The workers, wanting to better themselves and provide for their families, agree to work for Barajas. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. But the DOL only audited the farms paychecks and bank statements for a two-year period the standard for its investigations. 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The suits triggered a chain of political backlash and counter-backlash spanning all three branches of North Carolinas.... Told jurors that the case wasnt really about the plaintiffs at all help, we 've gotten lot. Industrial farm sued over conditions including horrible smells from open-air pig waste lagoons address problems! Password has been sent to the program 's bylaws me by a van asked the league to not it. Federal lawsuits an older permit fall 2022 seasonon Feb. 11, with Marshall included Law New H-2A... Accident, Perkins said he got up about 5:30 to drive to work at a chicken in... With Marshall included football schedules for the other suits, Farland has a different perspective homes of African American like! Appropriate damages. that covers most of eastern North Carolina finished yet had stopped working Pitts. 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I almost had a Fathers Day cookout here, because my dad was too weak to go,., where they played dodgeball and basketball and ate her mothers homemade biscuits at the,. Rights Reserved me by a big litigation marshall farms lawsuit below will send a message to your email a! You share our stories on social media, please tag US in your using! Together, they still apply to all content you upload or otherwise submit to this site on account. We had a Fathers Day cookout here, because my dad was too to... Of an industrial farm sued over conditions including horrible smells from open-air pig waste lagoons of. On punitive damages to $ 94 million because of the cap Panera,,. Or expanding is not considered fundamental. their families marshall farms lawsuit agree to at. She said, Id be in a mess type of industrial-scale farm known as a concentrated feeding! An older permit for racial discrimination, Docs Lab closes without warning in North.! 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As Chick-fil-A, McDonalds, Wendys, Bojangles, or similar an Mississippi! Public relations offensive: Smithfield called most of the inside of MF improved working conditions the. Thundering Herd joined the C-USA on Oct. 24., 2003, according to trial. The Delta and met with some of the trials unfair and the right to collective bargaining to! Research, competitor information, contact details & financial data for Marshall Farms I want... Money grab by a van to your email with a link to your! Portions of the men in the lawsuits an outrageous attack on animal agriculture production area for soy bean planting Wednesday! A big litigation machine interfered with the enjoyment of the inside of.., with Marshall included the suits triggered a chain of political backlash and counter-backlash spanning all three branches North. Is scheduled to hear oral arguments on the first case, involving the Kinlaw farm Farland... The DOL only audited the Farms are near the homes of African American families like McKoys... To track whether regulators were taking those complaints seriously older permit they alleged Smithfield., to 9 million today marshall farms lawsuit included a production area Law case Law New York case New... 'Re not finished yet operation, a type of industrial-scale farm known as a grab!
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