Opinion
No. 83-6465.
Reargued En Banc February 4, 1985.
Decided July 18, 1985.
James A. McLaughlin, Charleston, W. Va., for appellant.
John Ernest Shank, Asst. Atty. Gen., Charleston, W. Va. (Chauncey H. Browning, Jr., Atty. Gen., Charleston, W. Va., on brief) for appellee.
Appeal from the United States District Court for the Southern District of West Virginia.
Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON and SNEEDEN, Circuit Judges.
Judges Winter, Russell, Widener, Hall, Sprouse, Chapman, Wilkinson and Sneeden concur in affirming the judgment of the district court for the reasons expressed by Judge Widener in his dissent to the panel opinion found at 745 F.2d 913, 918 (4th Cir. 1984).
Judges Phillips, Murnaghan and Ervin would reverse the judgment of the district court for the reasons expressed by Judge Murnaghan in his opinion for the panel majority found at 745 F.2d 913.
AFFIRMED.