On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the December 16, 2003 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. The motion to remand is DENIED as moot.
MARKMAN, J., dissents and states as follows:
I would vacate the decision of the Court of Appeals and remand to analyze this matter...
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