Opinion
No. 97-4845
DECIDED August 6, 1999
Robert L. Roth, Attorney at Law, Coral Gables, FL, for Plaintiff-Appellant.
Laurie Snyder, Tax Division, Department of Justice, Bruce R. Ellisen, Dept. of Justice, Appellate Tax Division, John A Dudeck, Jr., Department of Justice, Appellate Section, Washington DC, for Defendant-Appellee.
William A. Keefer, Miami, FL, for Defendant-Appellee.
Appeal from the United States District Court for the Southern District of Florida (No. 94-0147-cv-LCN); Lenore C. Nesbitt, Judge. (Opinion May 11, 1999, 174 F.3d 1222, 11th Cir., 1999).
Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges.
A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.