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Martin, the attached patches (2.4 and 2.5) fix the problem.
 However, it seems that the patches would violate the PEP
according to one of your notes.  I'm not sure about all the
details, but ISTM based on your comment that if (flags &&
flags->cf_flags & PyCF_SOURCE_IS_UTF8) and (TYPE(n) ==
encoding_decl) this is an error that should be returned?

I would like to get this fixed for 2.4.3, so we need to move
fast for it.  2.5 can wait and is trivial to fix once we
know what this is supposed to do.