BOGGS, J., delivered the opinion of the court, in which KENNEDY, DAVID A. NELSON, RYAN, ALAN E. NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and GILMAN, JJ., joined. KEITH, J. (pp. 693-95), delivered a separate opinion concurring in part and dissenting in part, in which BOYCE F. MARTIN, Jr., C.J., DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined. MERRITT, J. (pp. 695-97), delivered a separate opinion dissenting in part and concurring in part.
OPINION
BOGGS, Circuit...
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