RYAN, J., delivered the opinion of the court, in which KENNEDY, NELSON, BOGGS, NORRIS, SUHRHEINRICH, SILER, and BATCHELDER, JJ., joined. MERRITT, J. (pp. 389-396), delivered a separate dissenting opinion, in which MARTIN, C. J., DAUGHTREY, COLE, CLAY, and GILMAN, JJ., joined. MOORE, J. (pp. 396-397), delivered a separate dissenting opinion. OPINION RYAN, Circuit Judge. Lawrence DeLisle…
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