Opinion
No. 84-1055.
Submitted April 29, 1985.
Decided May 21, 1985.
Donald J. Meyers, St. Louis, Mo., for appellant.
Daniel Kozma, Washington, D.C., for appellee.
Appeal from the United States District Court for the Eastern District of Missouri; Roy W. Harper, U.S.D.C. Judge.
Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges, En Banc.
ORDER
On rehearing en banc, the judgment of the district court 577 F. Supp. 487, upholding the arbitrator's opinion, is affirmed by an equally divided vote. Chief Judge Lay and Circuit Judges Floyd R. Gibson, Heaney, Bright, and Arnold vote to affirm. Circuit Judges Ross, McMillian, John R. Gibson, Fagg, and Bowman vote to reverse.
The grant of the rehearing en banc serves to vacate the prior panel opinion published at 744 F.2d 1347 (1984).