I got it to work.
Im runing RH 9
I rebooted into an old kernel
rpm -e kernel.2.4.20-28.9
rpm -e kernel-source
to uninstall the old kernel and source
rpm -Uvh ftp://bugs.osu.edu/pub/Linux/RedHat/...kernel-source*
(my ftp site feel free to use)
then I ran up to date to install the kernel I had just uninstalled as well as update the source rpm and bingo after a reboot 5336 installed with nary an error.