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Title of thread.......Merging two shapes without stacking

This only works if the two shape layers remain separate. It will not work if the the shape layers are merged.

By using the terminology "merge" or "merging", I guess I misunderstood the question.

Merging layers in Photoshop defined: Combines visible, linked, or adjacent layers into a single layer. The intersection of all transparent areas is retained. You can merge layers or layer groups. You can also merge adjustment or fill layers, but they can’t act as the target layer for the merge. Merging layers can help decrease your file size and make your document more manageable.