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I noticed that this problem is not present in RHEL5.7-Server-20110409.3 Adam
I suspect the fix to restore the code to disable header-splitting on 82599 devices is what resolved this. It was added back in 2.6.18-254.el5.
Actually this might not be the case. I mis-read the kernel version number so the header-split patches may not have resolved it. It still appears to be fixed in later builds, so I'm going to leave it as-is.