JAMES C. HILL, Circuit Judge:
Although we agree with the result reached by the panel majority, we write anew, upon the tabula rasa of en banc review, in order to isolate our narrow holding with our focused reasoning. Indeed, we write as much to explicate our holding on the specific issue which we decide as to make explicit our reservation of those other issues which we defer to another day.
On this en banc rehearing, we must determine...
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