Opinion
No. 85-1183.
June 18, 1986.
James D. Skeen (David W. Skeen; Constable, Alexander, Daneker Skeen on brief) for appellant.
John H. West, III (Roann Nichols; Ober, Kaler, Grimes Shriver on brief), for appellees.
Appeal from the United States District Court for the District of Maryland.
On Petition for Rehearing
The appellees' petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Chief Judge Winter, Judges Russell, Widener, Hall, Phillips, Murnaghan and Chapman voted to rehear the case in banc; and Judges Sprouse, Ervin and Wilkinson voted against rehearing the case in banc. A majority of judges having voted to grant rehearing in banc,
Judge Sneeden left the Court prior to a request for a poll on the suggestion for rehearing in banc and Judge McMillan was not entitled to vote on this issue.
IT IS ORDERED that rehearing in banc is granted.
IT IS FURTHER ORDERED that this case shall be calendared for argument at the October session of Court.
Entered at the direction of Judge Ervin.