Opinion by Judge Thomas; Dissent by Judge Trott.
OPINION
THOMAS, Circuit Judge.
In the book Bang the Drum Slowly, members of the fictional New York Mammoths amused themselves by drawing in dupes with a card scam known as "Tegwar," which was an acronym for "The Exciting Game Without Any Rules." Mark Harris, BANG THE DRUM SLOWLY 8 (Alfred A. Knopf, Inc.1956). The mark, lured into the game by the players' enthusiasm, would be given a handful...
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