Opinion by Judge WILLIAM A. NORRIS; Dissent by Judge O'SCANNLAIN, Circuit Judges.
WILLIAM A. NORRIS, Circuit Judge:
This case is before us on remand from the United States Supreme Court. In Matsushita Electric Industrial Co. v. Epstein, ___ U.S. ___, 116 S.Ct. 873, 134 L.Ed.2d 6 (1996) ("Matsushita"), the Court reversed our judgment in Epstein v. MCA, Inc.,
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