COLE, J., announced the judgment of the court and delivered an opinion, in which DAVID A. NELSON and GILMAN, JJ., concurred except as to Part III. GILMAN, J. (pp. 502-504), delivered a separate opinion, in which DAVID A. NELSON, J., concurred, which constitutes the opinion of the court on the issue addressed in Part III. OPINION COLE, Circuit Judge. </author…
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