It's still a bug. The point is that I can NOT upgrade the machines to a
development release, they're commercial production machines that need to
be as stable as possible. I would have upgraded to 10.04 but couldn't
risk it in the time frame I had before needing to lock the system down
for a project. I will be able to upgrade to a newer release sometime
early next year.

My "fix" currently is to run the upstream kernel so I'm already doing
that. My only worry was inheriting a new bug or security issue
introduced during rapid upstream kernel development.

I was hoping to see 9.10 get a fixed kernel that will get "normal"
security updates.

-- 
tcp_xmit_retransmit_queue panic in 2.6.31 in 9.10 server kernel
https://bugs.launchpad.net/bugs/667056
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