SILER, J., delivered the opinion of the court, in which MERRITT, C.J., KEITH, JONES, MILBURN, BOGGS, SUHRHEINRICH, and DAUGHTREY, JJ., joined. MARTIN, J. (pp. 1338-39), delivered a separate concurring opinion, in which KEITH and JONES, JJ., joined. GUY, J. (p. 1339), also delivered a separate concurring opinion. NELSON, J. (pp. 1339-42), delivered a separate dissenting opinion in which KENNEDY, RYAN, NORRIS, and BATCHELDER, JJ., joined.
SILER, Circuit Judge.
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