WIENER, Circuit Judge, dissenting, joined by JOHNSON, Circuit Judge. My usual temerity — and Judge Johnson’s — in dissenting from any of Judge Garwood’s opinions is heightened in this instance by the awareness of the landslide concurring vote that his opinion was given by our colleagues on the en banc court. But as the erstwhile panel majority, Judge Johnson and I remain convinced that Mr. E.E. Johnson was entit…
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