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Kenneth L Allen
10055 E Gray Hawk Dr
Tucson Arizona 85730
520-514·9704
kenandbetseyallen@msn.com
in· Proper Person
.....
F\LED
12 FEB 29 f;.\1 8: 0 .
BY DU'.,; '(
ROSALBA CARD
Superior Court for the Court of d l31l J
Pima County C l 0 121 31'
'Kenneth Allen
Plaintiff,
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vs. )
Case No. -e &0\8: \0'+<0
BALLOT CHALLENGE PURSUANT TO
A.R.S.16-351 (B) AND ARITICLE II SECTiON
I CLAUSE 50F THE UNTITED STATES
CONSTITUTION and Rule 8.
10 AritonaDemocratic Party on behalfof Barack )
Ob'ama; Brad R Nelson; et,al.
1 thru 47 inclusive
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Defendant's )
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iUdl afu .....
1. Comes now Plaintiff Kenneth Allen challenging the nomination petition of candidate
Barack H. Obama II . To be on the Arizona Ballot this challenge comes pursuant to
pursuant to ARS 16-351 (B).
2. This COllrt has original jurisdiction over this action under Article 6 § 14 of the Arizona
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Constitution; U.S.C.Tille 28 § 3002 (15) (A),(S), and (C);ARS 16-351(8); McClung v.
Bennett, 2SAriz. 154,235 P. 3d 1037 (2010); and Harlessv. Lockwood, 85AZ 97,332
P2d 887 (1958).
3. ARS 16-351 (B) states, in part, that "Any elector may challenge a candidate for any
reason relating to qualifications for the office sought as prescribed by law, including age,
residency or professional requirements, if applicable."
4. Plaintiff is a legal voter in the state of Arizona and hereby challenges the Democrat
Party, candidate Sarack H. Obama, II, and Pima County Attorney Brad R. Nelson on the
basis that candidate Barack H. Obama does not meet the constitutional qualifications
for the office· he seeks .. The eVidence provided here that will be provided here will·show
thatcahdidate Barack H. Obama, " at best is mayor may not a dual citizen; the
Cohstituticm does not state that a dual citizen may be President. Moreover, candidate
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· .....
1 Obama is not eligible for the office he seeks because he does not meet constitutional
2 requirement of a 'natural born citizen' as specified in pursuant to Article II Section I
3 Clause 5 of the United States Constitution which states "No Person except a natural
4 born Citizen, or a Citizen of the United States, at the time of the Adoption of this
5 Constitution, shall be eligible to the Office of President; neither shall any person be
6 eligible to that Office who shall not have attained to the Age of thirty five Years, and
7 been fourteen Years a Resident within the United States." See Minor v. Happersett, 88
8 U.S. 162, 167 (1875) .. And Article II section I clause 5 says;
9 6. A natural born citizen of the United States is born in the United States to two U.S.
10 citizen parents who have no allegiance to other countries. Senate Resolution 511, Minor
11 v Happersett 88 US 162, 167 (1875)
12 6. Plaintiff in this case, Kenneth Allen, by and through the actions of the above named
13 defendants· has been and will be negatively affected, and his rights have been and will
14 be denied because a constitutionally ineligible candidate Sarack H Obama, II has taken
15 and. Will take votes away from constitutionally eligible candidates.
16 7. The Defendants Arizona DemocratParty main office islbcated in Phoenix, Arizona,
17 USA. The office is primarily a filing office of records and files documents from Arizona
18 agencies,businesses and public officers. It interacts with, and is a resource to State
19 and Federal Government agencies for elections, and through its actions directly and
20 indirectly assures the Arizona Secretary of State and Arizona electors that candidates
21 running for office such as the President of the United States meet the constitutional
22 qualifications for the office.
23 6. The true names and capacities, whether individual, corporate, associate,
24 representative, or otherwise of the defendants: Democrat National Committee and the
25 Arizona Democrat Party named herein, as does 1 through 47, inclusive, are unknown to
26 the plaintiff, Who therefore sues said defendants by such fictitious names,. The plaintiff
27 will amend this complaint to show their true names and capacities when the same have
28 been ascertained. Plaintiff is informed and believes and therefore alleges that each of
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1 the defendants are equally responsible in some manner for the deprivation claimed,
2 which is caused by the defendants' conduct and are therefore challenged herein ..
3 7. Plaintiff is asserts informed and believes that for all times relevant and material
4 hereto, defendants are hereby incorporated by reference into each and every claim for
5 relief asserted below,.
6 9. This complaint has arisen from the negligence of the parties in fully ascertaining
7 whether candidate Obama is a natural born citizen and constitutionally eligible for the
8 office he seeks. If candidate Obama or the other aforementioned parties have has any
9 proof that he is a natural born citizen let him and they bring this proof forWard. If the
10 facts cannot be provided in timely manner, candidate Obama should be barred from, th
11 AriZona primary and general election 2012 ballot.
12 .1 O ~ Candidate Obama admits, and INS documentation proves, that his father was a
13 resident of Kenya and born a British Citizen. See attached INS document page 32.
1411.Since candidate Barack H Obama II citizenship is governed by the British
15 Natioriality Act of 1948, he is at best a dual citizen and still owes allegiance to because
16 of his father's sole allegiance to Great Britain and Kenya. There is an allegiance issue,
17 his father owed allegiance to a foreign government and so did Barack Obama Jr and its
18 very apparent .
19 14. Sole allegiance to the United States is a determinative characteristic of a natural
20 born citizen. The President must not have divided loyalties. A natural-born citizen, which
21 was based oli Natural Law theory. In this case, a "natural-born citizen" is one who is
22 entirely subject to the laws of nature alone.; thus there is no need for a statutory law
23 conferring citizenship because both parents are citizens of the territory· in which the child
24 was born. There is no need for a positive law because there is no possible chance that
25 another nation could claim such a child as its citizen. "Natural" in this case was based
260njus sanguinous and jus soli, other place of birth. Natural law theory is based on the
27 jus sanguinis model of conferring citizenship':"" naturally from parent to child, where the
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1 parents have the exclusive right of conferring their citizenship unto their child, not
2 . positive acts of statutory law.
3 16. Candidate Obama's father was never a U.S. citizen. Therefore, Mr. Obama does no
4 meet the requirements of the U.S. Constitution to hold the office of President because
5 his father was a resident of Kenya. "And only a foreign student of the US". Kenya was a
6 colony of Great Britain at the time of Barack Obama Sr's birth and thus was therefore a
7 British subject whose citizenship status was governed by The British Nationality Act of
8 1948. That same act governed the status of Obama Sr.'s children. In other words, at
9 the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue if being born in
10 Hawaii? ) and a citizen of Great Britain and the United States, if he was in fact born in
11 Hawaii. the United Kingdom and Colonies by virtue of being born to a father who was a
12 citizen of the Britain
13 17: Because it is undisputed that candidate Barack H. Obama II father was not a U.S.
14 citizen, Mr. Obama can never be a natural-born citizen, as that term was used in the
15 Constitution and defined by the U.S. Supreme Court. Therefore, candidate. Obama
16 canndtmeet the Constitutional requirements to hold the office of President. See U.S.
17 Const. Art. II Section I, Clause 5.
18 18. It is also undisputed that the Arizona Democrats intend to nominate Mr. Obama as
19 the Democratic nominee for the office of President of the United States in the 2012
20 general election. Said nomination requires the Defendants to send doCuments to the
21 Secretaries of State of all states announcing that Mr. Obama as it's Presidential
22 nominee for the Democrat Party in the 2012 general election and representing that he is
23 constitutionally qualified to hold the office of President These are representations and
24 proof that would legally certify that he is a natural born citizen.
25 18. Mr. Obama is not a natural-born citizen, as defined by the U.S.Supreme Court and
26 subsequent case law. Even if candidate Obama was born in the United States, the fact
27 of his father's citizenship disqualifies him immediately from the Arizona primary and
28 general election ballot, Democrats and Arizona Republicans are aware of all undisputed
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1 facts and definitions. If he was born in Hawaii, it "would not" make him a natural born
2 citizen. There are also other obstacles to Barack Obama's eligibility and many other
3 legal challenges that have been ignored by the status quo and protected by the media.
4 19. On January the 26th, 2012, I, Kenneth Allen, did testify for Mark Hatfield, the
5 Attorney of record for Carl Swensson and Kevin R. Powell, and Attorney Van Irion in a
6 State Hearing in the State of Georgia to documents received documents by myself
7 [Kenneth Allen] from the US Immigration and Naturalization concerning Barack Obama
8 Sr, candidate Obama's father, there is also another suit asking a constitutional question
9 filed in Phoenix requesting clarification on the Natural Born Citizen clause .. 1 have
10 attached INS documents to this complaint that prove Mr. Obama Sr. never naturalized
11 in the United States and was never a citizen of this country. The evidence mentioned
12 above will also be admitted to this court, proving that Barack H. Obama was never a
13 Natural Born Citizen, pursuant to Minorv. Happersett, 88 U.S. 162, 167 (1875.
14 21. Candidate Barack Obama's presence on the Arizona Ballot takes away votes from
15 every other eligible candidate seeking the same office of President, and disenfranchises
16 all other voters including the Plaintiff.
17 22. It is this court's duty to protect and defend both the State Constitution and the
18 J=ederal Constitution. In resolving constitutional challenges to a State's election laws, a
19 court must first consider the character and magnitude of the asserted injury to the rights
20 protected by the First and Fourteenth Amendments that the plaintiff seeks to vindicate.
21 Court in NAACP v. Alabama ex reI. Patterson, 357 U. S. 449, 357 U. S. 460 (1958),
22 Justice Harlan stated that it "is beyond debate that freedom to engage in association for
23 the advancement of beliefs and ideas is an inseparable aspect of the 'liberty' assured by
24 the Due Process Clause of the Fourteenth Amendment, which embraces freedom of
25 speech."
26 23. Amendment XII states that, "No person constitutionally ineligible to the office of
27 President shall be eligible to that of Vice-President of the United States." The
28 Fourteenth Amendment does not use or concern the phrase natural-born citizen. It
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1 provides only that "All persons born or naturalized in the United States, and subject to
2 the jurisdiction thereof, are citizens of the United States and of the State wherein they
3 . reside,", The main object of the opening sentence of the fourteenth amendment was to
4 settle the question, upon which there had been a difference of opinion throughout the
5 country and in this court, as to the citizenship of free negroes, (Scott v. Sandford, 19
6 How. 393;) and to put it beyond doubt that all persons, white or black, and whether
7 formerly slaves or not, born or naturalized in the United States, and owing no allegiance
8 to any alien power, should be citizens of the United States and of the state in which they
9 reside. ·(Elk v. Wilkinsand was·designed to address the issue of citizenship for former
10 slaVes.
11 Under Artide One of the United States Constitution states v. Borden Co., 308 U.S. 188,
12 198 (1939)." Morton v. Mancari, 417 U.S. 535, 550-551 (1974).
13 Barack Obama has never been eligible and the birth certificate although important
14 doesn't make Obama a natural born citizen, and it never will; In every instance in which
15 the Supreme Court has referred to an individual as a "natural born citizen", the
was always US-born of US-citizen parents.
17 25. In Perkins v. Eig (1939), the Court regarded Miss Elg as a natural born citizen. She
18 was born in the US. Her father was a naturalized US citizen. Her mother was a US
19 citizen by marriage.
20 26. In 1885, Thomas F. Bayard, while serving as the United States Secretary of State
21 under President Grover Cleveland, ruled that theUS-born son of German parents Was
22 not a 14th Amendment citizen. Since his parents were German citizens, the boy was, at
23 birth, "subject to a foreign power'; and "not subject to the jurisdiction of the United
24 States" (The Nation, VOl.59, No.1521, p.134). Candidate Obama's citizenship status, at
25 birth, was "governed" by the laws of a foreign country, thus he was not subject to sole
26 and complete US jurisdiction at birth. He may have acquired US citizenship from laws
27 enacted by Congress, but he did not receive US citizenship from the 14th Amendment.
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1 The Fourteenth Amendment does not reference or concern a natural born citizen, and
2 did not modify or amend Article II.
3 27. The Burlingame:..Seward Treaty of1868, between the United States and China,
4 contains a provision recognizing "the inherent and inalienable right" of permanently-
5 dorniciled Chinese immigrants to change their "home and allegiance". This provision is
6 notfound·in other US treaties. Although Wong's parents were barred from becoming US
7 citizens, they could, by changing their "home and allegiance", become US nationals, in
8 which case their US-born children would not hecessarily owe allegiance to any foreign
9 powerafbirth.
10 28. Plaintiff is aware that some people refer to Barack Obama as a Title 8 citizen. Title 8
11 section 1401 concerns Nationals and citizens of United States at birth, does not refer to
12'nalural born citizens', and states:
13 The following shall be nationals and citizens of the United States at birth:
14 (a) a person born in the United States, and subject to the jurisdiction thereof;
15 (b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or
16 other aboriginal tribe: Provided, That the granting of citizenship under this subsection
17 shall not in any manner impair or otherwise affect the right of such person to tribal or
18 other property;
19 (c) a person born outside of the United States and its outlying possessions of parents
20 both of whom are citizens of the United States and one of whom has had a residence in
21 the United States or one of its outlying possessions, priorto the birth of such person;
22 (d) a person born outside of the United States and its outlying posseSSions of parents
23 one of whom is a citizen of the United States who has been physically present in the
24 United States or one of its outlying possessions for a continuous period of one year
25 priorto the birth of such person, and the other of Whom is a national, but not a citizen of
26 the United States;
27 (e) a person born in an outlying possession of the United States of parents one of Whom
28 is a citizen of the United States who has been physically present in the United States or
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lone of its outlying possessions for a continuous period of one year at any time prior to
2 the birth of such person;
3 (f) a person of unknown parentage found in the United States while under the age of
4 five years, until shown, priorto his attaining the age of twenty-one years, not to have
5 been born in the United States;
6 (g) a person born outside the geographical limits of the United States and its outlying
7 possessions of parents one of whom is an alien, and the other a citizen of the United
8 States who, prior to the birth of such person, was physically present in the United States
9 or its outlying possessions for a period or periods totaling not less than five years, at
10 least two of which were after attaining the age of fourteen years: Provided, That any
11 pe'riods of honorable service in the Armed Forces of the United States, or periods of
12 employment With the United States Government or with an international organization as
13 that term is defined in section 288 of title 22 by such citizen parent, or any periods
14 duringwhich such citizen parent is physically present abroad as the dependent
15 unmarried son or daughter and a member of the household of a person
16 (A) honorably serving with the Armed Forces of the United States, or
17 (B) employed by the United States Government or an international organization as
18 defined in section 288 of title 22, may be included in order to satisfy the physical-
19 presence requirement of this paragraph. This proviso shall be applicable to persons
20 born on or after December 24, 1952, to the same extent as if it had become effective in
21 its present form on that date; and
22 (h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits
23 and jurisdiction of the United States of an alien father and a mother who is a citizen of
24 the United States who, prior to the birth of such person, had resided in the United
25 States. There are no Natural Born Citizens under section 1401 of title 8.
26 29. In 1790, Congress passed the Naturalization Act of 1790, in which foreign-born
27 children of American parents were "considered as" natural born citizens. In 1795,
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1. Congress replaced the 1790 Act with the Naturalization Act of 1795, in which the words
2 "natural born" Were deleted, leaving jList "citizens".
3 After 1790, Congress never again passed any law containing the term "natural born
4 citizen". (In 2008, the US Senate passed Resolution 511 declaring John McCain to be a
5 "natural born citizen"; the resolution was non-binding but reaffirmed that a natural born
6 citizen is born in the territory of two citizen parents. Today, US law, specifically Title 8
7 Section .1401, defines those who are U.S. citizens at birth, but does not define those
8 who are natural born citizens. The term "natural born citizen" does not appear anywhere
9 in any existing federal statute.
10 Neither Congress nor any Federal agency has considered whether Obama is; or is not,
11 a natural born citizen. According to a Congressional Research Service memo, "there is
12 no specific federal agency or office that 'vets' candidates for federal office as to
13 qualifications or eligibility prior to election."
14 30. It was never doubted that all children born in a country of parents who were its
15 citizens became themselves, upon their birth, citizens also. These were natives, or
16 natural-born citizens, as distinguished from aliens or foreigners. Some authorities go
17 further and include as citizens children born within the jurisdiction without reference to
18 the citizenship of their parents. As to this class there have been doubts, but never as to
19 the first. (Minor v. Happersett, 1874)
20 Thephrase "as distinguished from aliens or foreigners" suggests that children who are
21 natural born citizens are children who are not foreigners (foreign citizens) when they are
22 born.
23 31. rhe definition of natural-born citizen approved by the first U.S. Congress can be
24 seen in the Naturalization Act of 1790, which regarded it as a child born of two
25 American parents. The law, specifying that a natural-born citizen need not be born on
26 U.S. soil, stated: "The children of citizens of the United States, that may be born beyond
27 sea, or out of the limits of the United States shall be considered as natural born citizens:
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1 Provided, that the right of citizenship shall not descend to persons whose fathers have
2 never been resident iii the United States."
3 While the act was repealed five years later, it, nevertheless, represented the will of the
4 Congress that the U.S. not be led by someone with dual loyalties.
5 32. Rep. John Bingham of Ohio, a principal framer of the 14th Amendment, affirmed in a
6 discussion in the House on March 9, 1866, that a natural..;born citizen is "born within the
7 jurisdiction of the United States of "parent's" not owing allegiance to any foreign
8 sovereignty."
9 33. The Law of Nations," a 1758 work by Swiss legal philosopher Emmerich de Vattel,
10 was read by many of the American founders and informed their understanding of law
11 later established in the Constitution.
12 Vattel specified that a natural-born citizen is born of two citizens and made it clear that
13 the father's citizenship was a loyalty issue: 'The natives, or natural-born citizens, are
14 those born in the country, of parents who are citizens. As the society cannot exist and
15 perpetuate itself otherwise than by the children of the citizens, those children naturally
16 follow the condition of their fathers, and succeed to all their rights .... In order to be of
17 the country, it is necessary that a person be born of a father who is a citizen; for, if he is
18 born there of a foreigner, it will be only the place of hisbirth, and not his country."
19 34. Significantly, when the U.S. Senate resolved in 2008 that Sen. John McCain, R-
20 Ariz., the Republican preSidential nominee, was a natural.:born citizen, it specified that
21 his parents were American citizens.
22 First cause of Action
23 35. Plaintiff re-alleges 1 thru 34 of the aforementioned complaint. And Plaintiff alleges
24 that I have been and will be disenfranchised and my civil rights violated by the actions 0
25 the democratic party, candidate Barack H Obama, and the Pima County attorney If
26 candidate Obama's name appears on the Arizona primary or general election ballot
27 36; That the Democratic Party will nominate Barack H Obama as its nominee for
28 president.
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1 37. The Democratic Party will send documents alleging Obama to be eligible for the
2 office of president and falsely represent that Sarack Obama is qualified for the office of
3 presidentbut will not mention eligibility.
4 Second cause of action
5 38. Plaintiff re-alleges 1 thru 37 of this complaint, the Democratic Party and candidate
6 Sarack Obama have knowledge of the facts and actions contained herein, that there is
7 willful fraud and misrepresentation of the facts by the defendants. Then candidate
8 Barack H Obama did in fact sign the Candidate preference election candidate
9 nomination paper for the secretary of state for the state of Arizona on December 13th
10 2007, the SOS being Jan Brewer, falsely swearing that he was a Natural Born Citizen,
11 that statement was false so hear we have a case of false swearing. '
12 3 9 ~ . The Plaintiff is entitled to injunctive relief and declaratory relief to prevent further
13 injury or further depravation of rights and the rights of other citizens of Arizona
14 4 0 ~ Candidate Sarack H Obama does not meet the constitutional requirements for the
15 office heseeks,specifically Article n section I clause 5 of the U.S. Constitution, and
16 never did.
17 Third Cause of Action
18 41. Plaintiff re;.alleges 1 thru 40 of this complaint.
19 42'. There is a clear conflict that exists between the defendants and the Plaintiff
20 regarding the legal definition of Natural Born Citizen and precedent already set forth by
21 the Supreme Court.
22 43. It is this courts duty to protect the rights to prevent irreparable harm and damage by
23 the defendants to the plaintiff and others.
24 Conclusion
25 44. It is not easy to determine the qualifications of candidate Barack Obama Jr. t6
26 appear on any Ejection Ballot of any state of the Union because any document that
27 might help cure the question of citizenship has been washed and hidden from the
28 American people by candidate Obama and the Democrat party. His place of birth has
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1 never been conclusively proven and his father did not meet the jurisdictional
2 requirements of the Fourteenth Amendment to the U.S. Constitution.
3 Notevety individual that is born on the soil of the United States is a "natural born
4 Gilized' of the United States. Under the Fourteenth Amendment to the U.S.
5 Constitution, the child is not only required to be born on the soil of the United States,but
6 theparerits are also required to have established a "permanent residence" address and
7 have owed "allegiance" to the United Stales at the time of their child's birth.
8 4 5 ~ A s BarackObama Jr. is in want of a U.S. Constitutional grant of "Political Rights" to
9 hold Public Offices of the United States government, Candidate Barack Obama Jr. is in
10 Want of standing to be classified as a "natural born Citizen" under Article II, Section 1,
11 Clause 5 of the U.S. Constitution.
12 46. There is no authority to be found that would allow candidate Barack Obama Jr. to
13 appear on the Arizona ballot or for that matter any Election Ballot of any state as a
14 Candidate for the Office of President of the United States Where are the true and
15 correct copies of the Documents that the Secretary of State for the State of Arizona
16 relied upon to declare Barack Obama a "natural born Citizen" of the Uni!ed States, and
17 that asserted candidate Barack H Obama was qualified to appear on the 2008
18 Election Ballots of Arizona and that he will be allowed to appear as a candidate on the
19 2012 ballot? As a qualified elector of the state of Arizona, a United States citizen, and
20 as a service connected disabled veteran, I have an absolute right to know.
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·44 . ·4
OF
IMMIGRAnoN AND NA'lURALlZATION SERYICE
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32
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1 Relief Requested
2 47. Wherefore, Plaintiff respectfully requests that this court issue an order that. Barack
3 Ohama appear before this court with proof that he is a Natural Born Citizen before his
4 name can place back on the ballot. .
5 If candidate Ot>ama cannot submit proof that he is a natural born citizen Plaintiff
6 respectfully requests this Court issue an order removing candidate Barack H Obama's
7 name from the primary and general election ballot.
8 There should also be an order from this court ordering the defendants to produce the
9 documents Obama signed on December 13th 2007 for the Arizona Secretary of State
10 ahdany documents the democrats filed that says he was eligible pursuant to the
11 Constitution, Article II section I clause 5.
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Respectfully SUbmilt
fA
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Kenneth Allen, in proper person
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