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Tests Constr-cont-nsmode-5 and Constr-cont-nsmode-6 appear to be identical. To produce the error given as the expected result, they must be run with construction mode preserve. Although this is the default, it can be overridden by an implementation, so it would be better to specify explicitly declare construction preserve; in the query prolog.
Mike: Thanks. Added extra "declare construction preserve;" to the prolog. Please close the bug if in agreement and able to verify. Carmelo