HARRISON L. WINTER, Chief Judge, concurring and dissenting:
I concur in Parts I and II of Judge Butzner's opinion. I dissent, however, from Part III. Clark has neither preserved for appellate review nor pressed any claim that he is entitled to a new trial. Since his is not an exceptional case, I think therefore that we should reverse the judgment of the district court without remanding the case for reconsideration of the motion for new trial.
I.
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