BISSELL, Circuit Judge, filed an opinion, in which MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, NIES and ARCHER, Circuit Judges, joined; BENNETT, Senior Circuit Judge, filed a dissent-in-part, in which COWEN, Senior Circuit Judge, SMITH and NEWMAN, Circuit Judges, joined. NIES, Circuit Judge, filed additional views; NEWMAN, Circuit Judge, filed a commentary. BISSELL, Circuit Judge. This appeal and cross…
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