RONEY, Chief Judge, specially concurring: I concur in Judge Kravitch’s opinion as to Part I. The in banc court has the authority to make this decision, without regard to the panel opinion in Caston v. Sears, Roebuck Co., <a href="/opinion/346680/fulton-caston-plaintiff-appellant-v-sears-roebuck-and-company/" aria-description="Citation for case:…
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