BOWMAN, Circuit Judge:
Appellee's Petition for Panel Rehearing is GRANTED in part and DENIED in part. While almost all of the previous opinion remains the same, this court has revised footnote 4 of the previous opinion to address a matter raised in Appellee's Petition for Panel Rehearing. Thus, the court VACATES and WITHDRAWS the previous opinion dated March 16, 2007, and substitutes the following opinion. In this revised opinion, the former footnote 4 now appears...
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