BOGGS, J., delivered the opinion of the court, in which MERRITT, J., joined. WELLFORD, J. (pp. 295-96), delivered a separate concurring opinion. OPINION BOGGS, Circuit Judge. This is a very complicated case, both procedurally and factually. The parties have contested it through at least five trial courts and three appellate courts, with vigor and venom. To assist the reader, I will pre…
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