RICH, Circuit Judge, with whom: as to Part I (Jurisdiction): PAULINE NEWMAN, LOURIE and RADER, Circuit Judges, join; ARCHER, Chief Judge, NIES and PLAGER, Circuit Judges, concur in conclusion; and MAYER, MICHEL, CLEVENGER and SCHALL, Circuit Judges, dissent; and as to Part II (Merits): PAULINE NEWMAN, LOURIE, MICHEL, PLAGER and RADER, Circuit Judges, join; ARCHER, Chief Judge, and NIES, Circuit Judge, dissent; and MAYER, CLEVENGER and SCHALL, Circui…
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