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Sidney family wins $40,000 over urine-tainted food

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By The Associated Press

Monday, Jul 14, 2008 - 01:06:22 pm CDT

SIDNEY — A Sidney police officer and his family have won $40,000 from a restaurant that had served them food tainted by an employee’s spit and urine.

In the lawsuit filed last year in Cheyenne County District Court, officer Keith Andrew and his wife said a Taco Bell employee urinated and spit in food served to them and their children in October 2005.

The lawsuit named North Platte-based Mid Plains Food and Lodging, owner of the KFC/Taco Bell.

A call to the company seeking comment on Monday was not immediately returned.

In the lawsuit, the couple said their two sons, 4 and 7 at the time, took sick after they ate the food. The 4-year-old came “violently ill,” the lawsuit said, with gastroenteritis and dehydration. He vomited for hours and was forced to spend time in a hospital.

Managers of the restaurant were aware of the contamination at the time the Andrew family was eating but didn’t inform the family, according to the lawsuit.

The lawsuit also suggested the family was the victim of a scheme that targeted police officers.

“Employees maintained ’special servings’ of food reserved for ... officers,” the lawsuit said. “The ’special servings’ had been urinated in or spit in by KFC/Taco Bell employees. In fact, defendant’s employees maintained a particular serving pan for use in creating ’special servings’ of food plus employee urine.”

An attorney for the family, Andy Snyder of Scottsbluff, said the verdict did not specify exactly how the jury believed the restaurant was negligent.

Management knew of rumors that food was being tainted and heard employees joke about it but took no disciplinary action, Snyder said Monday.

He also said the restaurant did a poor job of vetting its employees.

“I’d advise them to get a better class of employees,” Snyder said.


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outraged wrote on July 14, 2008 1:23 pm:
" $40,000??? Why not 4 million? What kind of jury could return a verdict of 40k if the facts are as reported in LJS? Employees kept a "special sauce"? How sick are people to do something like this? The managers "were aware at the time the family was eating"? I am getting sick to my stomach just as I write this. Just the thought that a person would let a small child, let alone an adult consume food like this is absolutely unbelievable. The owners and managers should be charged with assault and battery.

If my child ate food contaminated with human urine and I found that it was done on purpose... "

 Rys wrote on July 14, 2008 1:26 pm:
" They ONLY got $40,000 for this??? They should have been awarded a lot more and every staff member involved in the situation should be fired. That's absolutely disgusting. "

 Grundle wrote on July 14, 2008 1:30 pm:
" While the company is deserving of the punishment, and the amount awarded is very small for a company like KFC/Taco Bell, I'm more curious as to what happened to the employees. Were they punished at all? Such a stunt is completely unacceptable, and somehow, termination from their job doesn't seem like nearly enough punishment. "

 Adam wrote on July 14, 2008 1:41 pm:
" My cousin is a police officer in Kearney, and he says that it is a well-known fact that if people see a cruiser in the drive-thru camera, they will often mess with the food.

He mostly takes his lunch or goes to grocery stores to eat. This is a pathetic reflection of service-industry employees. "

 beerorkid wrote on July 14, 2008 1:41 pm:
" Most TB and KFC tastes like spit and pee anyway.

I am glad this got caught and punitive damages were awarded. One has to wonder what this family did to get served from the special container. It is wise to not anger people who serve you food. "

 Mike wrote on July 14, 2008 1:42 pm:
" All employees involved should be placed on a food handlers "black list" and never be issued food handlers permits again. I'm sure nothing like this exists... but is should! "

 janie wrote on July 14, 2008 1:57 pm:
" How sad it is that police officers or that is anyone can't trust a fast food restaurant or any restaurant to serve them food that they have done something to. Restaurants wonder why they are losing business and then they hire employees that do something like this. Whoever owns that restaurant should not be able to have a restaurant for 10 years. Especially if he knew about what was going on. The employees that were doing this should have to scrub parking lots (on their hands and knees and with a bucket only) for the next 12 months. Shame on these people that do these stupid acts of crime. "

 Only wrote on July 14, 2008 2:07 pm:
" I'd be surprised if $40K even covered the hospital expenses. It's disgusting that management knew of it, even if through rumors, and did nothing. And I'm sorry, beerorkid, you don't have to do anything to the staff to get 'special treatment' if you're in a uniform. "

 gross wrote on July 14, 2008 2:07 pm:
" Unfortunetly Nebraska does not have punitive damages, or they family probably would have been paid a lot more. Since this happened in 2005, my guess is that most of the employess that were working there, are no longer there, or they were promoted to manager. "

 Neighbor wrote on July 14, 2008 2:11 pm:
" No more KFC or Taco Bell for me. Ever. "

 DAWN wrote on July 14, 2008 2:19 pm:
" I agree,only $40000.......they should of been paid a lot more and the employees should have to garnish their wages for a long time to pay back. I would of asked for $100000 "

 mastarWiz wrote on July 14, 2008 2:21 pm:
" welcome to the food industry! Anyone who has ever worked in a restaraunt would probably not even blink while reading this. "

 Grundle wrote on July 14, 2008 2:21 pm:
" "It is wise to not anger people who serve you food."

I fail to see anything that could justify urinating or spitting in people's food. I have worked in the food industry, and as mad as I got at some customers, I never once did anything like this.

Are the police supposed to stop issuing citations to food service employees just to make sure their food isn't tampered with? It's a problem indicative of a disrespectful youth element in our society. I was always taught that two wrongs don't make a right...peeing in someone's food because they gave you a speeding ticket, beyond being unsanitary and dangerous, is just downright wrong. These employees need to do a little time, as this is an assault on someone else's body. Then the guards can pee in their food. "

 beerorkid wrote on July 14, 2008 2:34 pm:
" It is really unfortunate that we continue to hear news of this happening to officers. I worked at a downtown bar for about 6 years and we actually had bottled water we gave to the bike patrol since we worked together to uphold the law.

After 15 years in the food biz I know too well that min wage workers really do not care much. If they get fired they can find another min wage job right away. You get what you pay for. Suddenly a $0.99 cent burger does not sound all that appetising. "

 thanks wrote on July 14, 2008 2:35 pm:
" Thanks first to LJS for letting us know this kind of practice is condoned by Taco Bell and KFC, you have made my selection of restaurants easier. I will no longer be a customer at either restaurant. While I do realize my $20 a month will not matter, I plan on forwarding this article to everyone (100+) people in my email and asking them to do the same. Maybe then they will reconsider who they hire and when they need to take action instead of just looking the other way while our police officers and their families are getting treated in the worst possible manner.

I would also like to thank the police officers who continue to protect me and my family, as well as these ungrateful, horrible employees and their families, even though they are treated in this manner. I am sure the employees that do this do not get 'special "lack of" protection' from the police, but instead they get the same high quality treatment and protection we all should learn to appreciate. "

 Ugh wrote on July 14, 2008 2:37 pm:
" This just reaffirmed my personal ban on these restaurants. It's been years since I've been to either, and now it will be many, many more.
Also, even if mom and dad were rude to an employee, how could they serve that to little kids?? Did the employees get charged with felony child abuse? Because they should be. "

 Hmmm.. wrote on July 14, 2008 2:45 pm:
" As disgusting as it was, I am not sure I am convinced that Urine could have caused any real illness, even in a child. There are many cultures, and various odd natural-healing types, that drink it on a daily basis. The amount that a taco could absorb would be fairly negligable. Maybe a teaspoon or two. Urine is a sterile fluid, and the various protiens, salts, and slight toxins would not normally cause any reaction. In fact, it is a standard survival technique when lost at sea to 'recycle' your water a few times to stay alive.

What is more likely is that either they suffered these symptoms due to the 'gross out' factor after learning what happened, or the meat had been left at room temperature for extended periods in the 'special bin'.

I worked at a fast food store when I was in college. It was standard procedure to leave meat at room temperature for 12 or more hours, then refrigerate overnight, and use it the next day. The conditions there were beyond horrible. I have never since, to this day, eaten at a fast food restaraunt. It just isnt worth it.

It is terrible that some juvenile delinquents would harass those who's job it is to protect us all. But it is even worse that management lets it happen. Management knew what happened where I worked all those years ago, and did nothing. It is cheaper to bribe the health inspector, than it is to clean the place up. "

 How about justice wrote on July 14, 2008 2:47 pm:
" I agree with the first comment. If I found out someone purposely tainted food eaten by my small children and they became violently ill, a $40,000 court verdict wouldn't be enough. I would be paying a visit to those that were working at the 'restaurant' that day. "

 Erin wrote on July 14, 2008 2:47 pm:
" $40,000 is an insult! The owner, manager, employee and anyone else aware of this situation should be held personally responsible and made to pay damages from their own wallets as well and not be allowed to hide behind the companies money. Worse case scenario they lost their jobs? Hardly a punishment when they work for a fast food restuarant. I agree w/ the previous reader. Charge them w/ assault and battery and add child endangerment and abuse. What is wrong with people these days? Shame on you!!!
Congratulations Andrew family for winning this case. I'm sorry you didn't receive more $$$. "

 Support your Police wrote on July 14, 2008 2:49 pm:
" Everyone should boycott these restaurants. This is ridiculous and we should show support for our police officers who risk our lives everyday. They shouldn't have to watch their backs while having dinner. "

 Im with Neighbor wrote on July 14, 2008 2:50 pm:
" My family will boycott these restaurants, too. Very disgusting and especially if the management didn't follow through on the "rumors" regarding this behavior. I never knew it's common practice to mess with people's food. Did anyone lose their job? YUK! "

 I blinked.... wrote on July 14, 2008 3:22 pm:
" For the record....I worked as a server at a restaurant for 2 years and I NOT ONCE saw food tainted in this manner (or anything even close for that matter!!) I even have had server's ex-boyfriends come into the restaurant and their food was still un-tainted. I won't mention the restaurant name, but trust me, it's not the classiest place in town. Don't be fooled into thinking all restaurants are like this because it's simply not true....plus it lessens how angry this behavior should indeed make us!! "

 Beezer wrote on July 14, 2008 3:30 pm:
" Just goes to show you that many people hate cops for absolutely no reason, until they need one. So sad. "

 I to wrote on July 14, 2008 3:40 pm:
" will pass this one to everyone I know. I don't live in nebraska but a lot of people in colorado and missouri will probably bypass this chain. Hope that the people who unzipped their pants have to eat at least jail sandwiches for a long time. "

 bob wrote on July 14, 2008 3:53 pm:
" One of the reasons I get "scared" as a parent. If this happend to my child I am not sure how I would react. Odds are the employees would have a limp in there step from now on. "

 Charges Missing wrote on July 14, 2008 4:15 pm:
" What about criminal charges? The last time I checked it was a felony to tamper with food products. Spitting or contaminating food is a crime and should be handled as such. $40,000.00 is chump change and a slap in the face to all law enforcement officers. As a police officer, I can assure you that anytime we purchase food while on duty, we wonder how much spit was put in our food. Its gross to think about it but we often joke about it and then eat it, but it really does bother us. Think about that the next time you use a drive-thru! If you were in a police uniform, your would be getting the special sauce! "

 Thoughts wrote on July 14, 2008 5:37 pm:
" First, this was a KFC/Taco Bell FRANCHISE. As much as I'm disgusted by this, I won't stop eating at all KFC or Taco Bell locations. I will, however, never patronize any owned by this franchisee, who also owns the North Platte and Ogallala locations. They also own several hotels and gas stations in the area too--remember the pricing scam in North Platte?

I would like to see what statues make tampering with food a felony. I've never heard of that one before. "

 happygael wrote on July 14, 2008 6:16 pm:
" I have heard of this type of behavior before but not directed atlaw enforcement personnel The first time was fifty years ago in a cafe located in North Dakota, It is still disgusting behavior regardless of where it happened.. "

 hmmm wrote on July 14, 2008 7:25 pm:
" I would like to know where the assault charges are at? If you were to spit or pee on a cop you would get arrested, why does this not count for their food? "

 MPaulson wrote on July 14, 2008 7:39 pm:
" A very low number indeed for such a terrible act. That employee and other accomplices should face charges against Public health and safety, alongside Management who took no disciplinary action when this was brought to their attention. Taco Bell is disgusting, and their lack of response to such at the executive level validates their poor stance as a company. "

 UG wrote on July 14, 2008 9:53 pm:
" No more KFC or Taco Bell for me. In fact I try not to eat out period.
I've seen this kind of stuff on TV reports several times. "

 grateful citizen wrote on July 14, 2008 11:01 pm:
" It is terrible that anyone would do that to anyone's food but the people who risk their lives for our safety and get paid a low salary to boot should be given the BEST food a restaurant has to offer. Everyone complains about police giving speeding tickets, etc. but they are enforcing the laws which were passed to make driving safer, so we don't have a highway full of drunk people driving as fast as they want to. "

 law enforcement officer wrote on July 14, 2008 11:09 pm:
" My heart goes to the Officer Andrew and his family. There are a few food establishments in my community that I warn my husband about and will not eat at myself, in uniform or in civilian clothing. I'm sure that I have had my fill of spit or worse in my food, but did not get as sick as Officer Andrew's family. I'm glad to hear that they did not have any lasting effects to this food poisoning. If I don't bring my supper to work with me or go home for supper, I go to Subway. I feel MUCH safer eating my food from there since I can watch them make it!! "

 Support Law Enforcement wrote on July 14, 2008 11:51 pm:
" Thank goodness this case is getting publicity.  The Andrew family has suffered regardless of whether it was physically, emotionally or simply being absolutely grossed out!  I agree that $40,000 is nowhere near enough money but at least decency has prevailed.  As a parent and the spouse of a State Trooper this entire article makes me sick!  The vile people who performed those disgusting acts seem to have forgotten that the same law enforcement officers who risk their lives to protect those scumbags are also people with spouses, children and loved ones.  This is, unfortunately, a sick example of the reality that law enforcement faces each day but what kind of monsters would harm their children? A personal attack on these children is so unforgivable and unjust it is sickening and scary.  Those disgusting employees obviously lack the decency to treat others with respect and are probably the same people who bad mouth and criticize law enforcement.   Incidentally, those are often the same people who feel like they deserve the utmost courtesy and attention from law enforcement in the event of a crisis.  KFC/Taco Bell has permanently lost our business and I hope the city of Sidney takes a good hard look at that business and the employees who were involved.  With any luck, those people will have a hard time finding employment again.   They don’t deserve to serve the public.    "

 Many wrote on July 15, 2008 12:12 am:
" I can not believe they settled for 40K. It should have been 40 million for such a reprehensible act. "

 rb wrote on July 15, 2008 12:39 am:
" This is jacked up! I'm on the boycott wagon. "

 PC wrote on July 15, 2008 1:04 am:
" Um, yeah. the urine itself most likely did not cause the problems. the "gross out" might have induced gagging/vomiting, however they would have needed to know what it was tainted with.
As the only other poster to bring this up has stated, there are many subcultures that consume urine on a regular basis.

Most likely this was a case of "food poisoning" due to the meat being not properly handled. Did anyone else, who's food was not urinated in, get sick from that location on that day?

The fact that people do not know what their own bodies do never ceases to amaze me. Do some research once in a while hum? ask questions that go above and beyond "why'd they only get 40 000?". Get your mind out of the "I'd make them have a permanent limp" mentality and try to figure out what the real cause was. "

 GMP wrote on July 15, 2008 2:02 am:
" I agree that the workers should not allowed food handler permits, and also that their names (even if minors) should be published, so other stores, etc. will think twice before hiring them. I would like to state, also, that at most of these types of places, the "managers" are often youth, also. But these managers should be terminated. Police officers deserve respect. They put their lives on the line every day to protect us. This is the worst thing I have ever heard of happening. "

 mgt wrote on July 15, 2008 6:08 am:
" $40,000. You have to be kidding! This is one case where I believe the award was not large enough. This was a deliberate act and could have been deadly for the children. It is enough to make a person sick reading the story. How is the family going to feel about eating outside their own home from now on. What about Post-traumatic stress syndrome or future pain and suffering? "

 Sean wrote on July 15, 2008 7:11 am:
" Anyone who saw the movie "Waiting" should already have a clue about what's done at most food/fast food establishments. On the rare occasions when I do eat out I never send food back to the kitchen. If there's a problem no tip is left and I never, ever go back to that business again. There have been numerous incidents throughout the country where Taco Bell restaraunts have been cited for E coli contamination and as the starting point for a hepatitis infection. Not surprising. On a recent run through a local Wendy's drive-thru I was greeted at the window by an unkempt employee with greasy, long hair and two rings protuding from his lower lip. Wont see me...or my family/friends there again! "

 If you think the award is too low ... wrote on July 15, 2008 7:57 am:
" ... then remember it could be higher if Nebraska allowed punitive damages (which it does not). Everyone thinks punitive damages are a bad thing in a vacuum, until something bad happens to them or they hear about a case like this. Without punitive damages, juries cannot truly send a message to corporations like KFC/Taco Bell to police their employees and set a good role model for them. "

 Hold on... wrote on July 15, 2008 8:02 am:
" I agree that what these employees did is disgusting, but stop glorifying the police. They don't "put their lives on the line" everyday. For the most part they're traffic enforcers and vice cops trying to ruin a good time. Just leave the story the way it is. "

 oak williams activist wrote on July 15, 2008 8:20 am:
" This matter has NOTHING to do with upsetting the people who handle/serve your food. These actions are repulsive and atrocious. The individual responsible deserves the same reward. Or is obviously to ignorant to understand why it is so foul. "

 Boo wrote on July 15, 2008 9:02 am:
" MGT - post traumatic stress syndrome? Are you kidding me? The family got as much as the Nebraska court would allow them per the law. Too many people think that "the stress of it all" is going to send them into a downward spiral and they'll never recover. People in today's world always think that every event is going to lead to some trauma in the brain. Get over yourself. Kids and adults alike do not need a psychologist to "talk about the situation with" after any incident happens. This is part of the reason health care costs are so high, people thinking they need to talk about everything. What ever happened to life goes on? The family can put that money away for the kids college fund. Or they can spend it crazy like most people in today's world would. "

 Different World wrote on July 15, 2008 9:27 am:
" So I see everyone here wants to be a cop. Who wants to be a fast food worker? The case is about people without good judgement/conscience/professionalism (things that most industries are sadly lacking, including law enforcement more often than not) and hatefulness. Stop talking about all low paid fast food workers. Stay to this particuliar case. Yes, it's wrong. Yes, the managers should have acted to correct this type of behavior, and any employee that does such thing should be fired/prosecuted. $40K seems like enough for the damage caused to the family (everyone is still living and in good health) but maybe the business needed a stronger lesson. Post traumatic stress disorder??? This is life honey, bad things happen from time to time, people need to learn to cope, and be nicer to each other. Then maybe people wouldn't think it's ok to perform disgusting acts to someone elses food. Sad world. No compassion for the poor, no respect for the police, and no conscience for truly vile behavior. And at the end of the day it all comes back to money. "

 L.E. J wrote on July 15, 2008 9:49 am:
" My comment is in reference to Hmmm's posting.

I thank you for the great comment, however I know from working in law enforcement for several years we commonly test drug users urine for methamphetamine, marijuana, cocaine, etc. When you look at a urine sample from a meth user, it is not uncommon to see white sediments settle on the bottom of the sample cup. Not only is urine tested for drugs, but more alarming AIDS.

I'm not saying that these KFC/Taco Bell employees use drugs or had AIDS, but it is not uncommon for people in the food industry to not be the most upstanding citizen.

I personally know Lieutenant Keith Andrew, and have worked with him on occasion. He is a very well respected law enforcement officer in the panhandle of Nebraska, and throughout our fine state.

Furthermore, I thank LJS for covering this story and for all the people who took time out of their day to read the article and post comments. "

 Shelly wrote on July 15, 2008 10:26 am:
" Wow. First of all, I think this is very gross. I worked at a fast food restaurant all through high school and nobody ever did anything that bad. I'll admit, I've seen food made from a dump bin, but that's not even close to urinating in someone's food. However, wanting "a better class of employees," seems impossible at the wages. Everyone complains about a food place, but really what do you expect? When I worked in fast food, I followed all of the dress code, but I was very young (14-18), and customers treated me that way. I think most people complaining have never worked in fast food. I'm not trying to justify their acts, I think this was horrible, but why don't you put yourself in thier shoes before you judge them. "

 CNA wrote on July 15, 2008 10:47 am:
" As a Certified Nursing Assistant, without having been trained as a nurse or a doctor, I can still tell you that urine can spread multiple diseases to any who comes in contact with it. I would NEVER dismiss this incident because someone, somewhere actually chooses to drink urine due to ignorance and/or tradition. That disgusting behavior endangered the lives of every customer who had unknowingly visited that restaurant when the "special" version was around, as well as every employee and manager. I'm unsure of the laws, but if I had been a regular customer at that location during those times, I'd be consulting my lawyer right now... "

 GMP wrote on July 15, 2008 11:03 am:
" Shelly,and everyone else who says we should look at it from the workers point of view...I worked for 50 cents and hour as a carhop at an A & W back in the 70's. "Adults" left tips in the rootbeer mugs, in piles of ketchup, made "suggestive" comments, and stiffed me. But not one time did I ever think of getting back at them, and especially not in the disgusting manner these workers did. And, I was taught to respect law enforcement officers, and I still do. I guess I was just raised with a sense of pride and values, in a time where one didn't behave like this, and since I have my values and upbringing, I know if I am stopped or ticketed for something, I was doing something wrong and admit it, not blame the officer. Some people just learn to accept responsiblity for their actions, and not have people dismiss wrongdoing because of the "circumstances". "

 LE GUY wrote on July 15, 2008 12:24 pm:
" It is terrible if I spill hot coffee on my lap I get more money than if someone pees in my food. "

 former fast food employee wrote on July 15, 2008 12:43 pm:
" I worked in fast food all through high school. When we had a rude customer we just loaded the edges of the hamburger bun with ketchup and mustand so it would make a mess, then didnt provide napkins in the drive thru sacks.
What these workers did is disgusting and they should be held responsible. "

 Shelly wrote on July 15, 2008 12:45 pm:
" GMP, you never thought of getting back at any customers?? Anybody who deals with customer service knows that's a LIE!!!! "

 hold on too wrote on July 15, 2008 1:03 pm:
" To hold on, stop glorifying the police? They don't "put their lives on the line" everyday. Do you think they know when they clock in if they're just going to be traffic enforcers today or if they are going to be in the line of fire? No they go to work every day and put their lives on the line just be knowing today could be the day they do get in the line of fire to protect some Taco Bell worker who is trying to have a good time by breaking the law. Thank a Law Enforcer today and everyday! "

 Mel wrote on July 15, 2008 1:21 pm:
" There is an article on MSNBC that gives the employee's name and that he pled guilty to a misdimeanor and paid a $100 fine. It also says he was eventually fired for missing work but not for this action. "

 Jessie wrote on July 15, 2008 2:43 pm:
" Despite some of the earlier comments, I worked as a server for 4 years and never once did I do any tampering with food, even to the most rude customers. I can't believe someone would serve this tainted food, especially to children! "

 Kristine wrote on July 15, 2008 4:07 pm:
" Uh, yeah. Law enforcement officers DO put their lives on the line every day. It's pathetic and sad to me that people believe that it's okay for them to get violent with an authority figure. It's incredibly bothersome that they have to be prepared for anything when they are approaching a car for a routine traffic stop. People are whack these days, and that's a fact. And the more 'bashing' I hear about police/patrolmen/deputies, the angrier it makes ME. I've never had a bad experience with law enforcement. I can't think of anybody that I am close to that has related anything about them. If you think peeing in a cop's food is justified, you're just an immature lowlife, and I'd never hang around you.
The whole, 'He/she started it' line is for kindergarteners, and I KNOW there are immature adults that endorse and enact this kind of behavior, and it's astounding. I've worked fast food and crap jobs--most all of us have, and you know, it's a matter of pride in yourself. You do the best you can possibly do, because you're representing a business as WELL as yourself. There is never a justification for that kind of ridiculous and immature behavior. I think most children even know better than this. "

 Dont eat out wrote on July 16, 2008 12:51 pm:
" at fast food joints. Most places, while proclaiming to be clean and having good workers, would make people sick if they knew what goes on
behind the counter. Trust me. I was in the business for 18 years. About
the only place I'll eat out at is Subway - just because you can watch them make your food. Every other 'fast food' place is pretty much off limits to me. Seriously, look at the help behind the counter. There are some good workers but odds are that most of the kitchen help is on probation. What do you expect though. $5.75 an hour - you get the help you pay for and most of the help in those places just don't care about what customers think. "

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