BIRCH, Circuit Judge:
The opinion issued in this case on March 31, 2004 is hereby vacated, the following opinion is entered in lieu thereof.
Bankruptcy trustee Thomas E. Reynolds, plaintiff-intervenor in this employment discrimination action filed by Vicki Parker against Wendy's International, Inc., and Wen-Alabama, Inc. (hereinafter collectively referred to as "Wendy's"), appeals the district court's finding that judicial estoppel bars Reynolds from pursuing...
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