Comment: Finding is wrong... (Score 0) 88
In a dissenting opinion, Circuit Judges Barry Silverman and Richard Tallman wrote that the majority had taken a clearly written federal statute and parsed it in a manner that distorts the original intent.
"This is not an esoteric concept," Silverman wrote. "A bank teller is entitled to access a bank's money for legitimate banking purposes, but not to take the bank's money for himself." Similarly, while a new car buyer might be entitled to test drive a new car, he would "exceed his authority" to take the car to Mexico. "No other circuit that has considered this statute finds the problems that the majority does," he wrote.
The last two paragraphs of the article clearly explains why the court's finding is wrong ("What, you want me to read the article before commenting?!")
"This is not an esoteric concept," Silverman wrote. "A bank teller is entitled to access a bank's money for legitimate banking purposes, but not to take the bank's money for himself." Similarly, while a new car buyer might be entitled to test drive a new car, he would "exceed his authority" to take the car to Mexico. "No other circuit that has considered this statute finds the problems that the majority does," he wrote.
The last two paragraphs of the article clearly explains why the court's finding is wrong ("What, you want me to read the article before commenting?!")
