FERNANDEZ, Circuit Judge, with whom O’SCANNLAIN, and T.G. NELSON, Circuit Judges, join, dissenting. While I see no particular point in disputing the majority’s determination that this case must be remanded to the district court, 1 I do not concur with its rationale, reasoning or result. Hence I dissent because, as I see it, the keystone of the approach favored of the majority is und…
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