Before MICHAEL and AGEE, Circuit Judges, and Martin K. REIDINGER, United States District Judge for the Western District of North Carolina, sitting by designation. ARGUED:  John Timothy Murray, Sr.,...

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Before BYE, ARNOLD, and MELLOY, Circuit Judges. John P. Mullen, argued, Sioux Falls, SD, for appellant. Michael J. Schaffer, argued, Paul H. Linde, on the brief, Sioux Falls, SD, for appellee. Todd V....

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Before KING, Circuit Judge, HAMILTON, Senior Circuit Judge, and Morton I. GREENBERG, Senior Circuit Judge of the United States Court of Appeals for the Third Circuit, sitting by designation. ARGUED:...

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