ALAN E. NORRIS, J., delivered the opinion of the court, in which MERRITT, KENNEDY, MILBURN, DAVID A. NELSON, BOGGS, SILER, and BATCHELDER, JJ., joined. RYAN, J. (p. 844), delivered a separate concurring opinion, in which MOORE, J., joined. BOYCE F. MARTIN, Jr., C.J. (pp. 844-46), delivered a separate dissenting opinion, in which DAUGHTREY, J., joined.
OPINION
ALAN E. NORRIS, Circuit Judge.
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