E. GRADY JOLLY, Circuit Judge, with whom GEE, REAVLEY and GARWOOD, Circuit Judges, join, dissenting: I continue to adhere to the holding and reasoning of the panel. With the greatest respect for the majority and for the writing judge, it is nevertheless my belief that the result reached by the en banc court requires it to disregard the plain meaning of words, to twist common rules of grammatical construction…
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