i posted an alternative implementation for this issue upstream. I'm tyring to
get it merged there. see:

http://marc.theaimsgroup.com/?l=linux-kernel&m=111342171410005&w=2

Sorry, i haven't posted a test kernel with my merged patch yet. I was trying to
re-create the original problem, and show that the patch fixed. I am yet unable
to do that. I can post my testing kernel here, if its really wanted, with the
caveat that engineering is still integrating and testing.

pointer to the kernel with the patch from comment #18 backported to rhel3, the
caveat from comment #21 sill applies. thanks.
http://people.redhat.com/~jbaron/2.4.21-32.6.EL.pty.1/ 

awaiting feedback on test kernel from comment #21, since customer claims to be
able to reproduce this frequently. thanks.

hmmm, any chance we are going to get feedback on this one?

anyways, i got the patch upstream, if this ifluences the customer at all, see:
http://marc.theaimsgroup.com/?l=git-commits-head&m=112630347529485&w=2

Just to clarify, we are waiting for feedback from the customer regarding
whether Jason's test kernel (indicated in comment #23 over 4 months ago)
resolves the problem.  I'm making the following comments public (as well
as the bug summary): 21, 23, 27, 31, 32.

Closing due to lack of response.