Affirmed by published opinion. Judge WILKINSON wrote the majority opinion, in which Judges RUSSELL, WIDENER, HALL, WILKINS, NIEMEYER, HAMILTON, LUTTIG, AND WILLIAMS joined. Judge MICHAEL wrote a dissenting opinion, in which Chief Judge ERVIN and Judges MURNAGHAN and MOTZ joined. OPINION WILKINSON, Circuit Judge: We granted en bane review in this case to consider whether the district co…
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