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Just released yesterday. Panel says it is bound by the last appeal in the third on the issue. But there is a really good dissent
https://www2.ca3.uscourts.gov/opinarch/193142p.pdf
Just released yesterday. Panel says it is bound by the last appeal in the third on the issue. But there is a really good dissent
https://www2.ca3.uscourts.gov/opinarch/193142p.pdf