For what it's worth, I've been seeing this problem since about 2.6.23 on several(5) uart_remove_one_port() is called by serial8250_register_port()
since ttyS0 is already in use but it is requested to be once removed.
That means 8250_pnp is taking over and then trying to delete the console,
so its breakage in the serial layer glue. Perhaps Russell has some ideas
as its hard to tell what he intended to happen originally.
Alan
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