GILMAN, J., delivered the opinion of the court, in which BOGGS, C.J., BATCHELDER, GIBBONS, ROGERS, SUTTON, McKEAGUE, and GRIFFIN, JJ., joined. MERRITT, J. (pp. 318-25), delivered a separate dissenting opinion, in which MARTIN, DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined. MARTIN, J. (pp. 325-27), joined by Judge MERRITT, and MOORE, J. (p. 327-28), joined by Judge MERRITT, also delivered separate dissenting opinions.
OPINION
RONALD LEE GILMAN, Circuit Judge...
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