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Message: to allow either would overturn the Appeal judgment.

Milestone.  What you said is 100% correct.  But that is not the complete picture either  "Other courts in that circuit must, from that point forward, follow the appellate court's guidance in similar cases"  The critical word is SIMILAR.  If not similar, a different ruling can be made and distinguished from the earlier precedent.  Just want everyone reading to have complete information.  But please correct me if I am offbase, which is always a possibility.  Opty. 

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