CLAY, J., delivered the opinion of the court, in which MILLS, D.J., joined. SILER, J. (pp. 761-763), delivered a separate opinion concurring in part and dissenting in part.
OPINION
CLAY, Circuit Judge.
Plaintiff, William Thomas Gregory, and Defendants cross appeal March 29, 2004 and June 22, 2004 orders entered by the United States District Court for the Western District of Kentucky which ruled on the parties' cross-motions for summary
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