Opinion
No. 81-7426.
October 17, 1983.
George Weaver, Atlanta, Ga., for defendant-appellant.
Grutman, Schafrann Miller, Norman Roy Grutman, New York City, Gambrell Mobley, James L. Paul, Atlanta, Ga., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Georgia; Richard C. Freeman, Judge.
Before GODBOLD, Chief Judge, and RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.
The court voted to consider this case en banc, which resulted in the panel opinion being vacated, 702 F.2d 925. The judges of the en banc court, having heard oral argument and considered the case, are equally divided on the proper disposition. The judgment of the district court is therefore AFFIRMED by operation of law, and this decision by the court of appeals has no precedential value. Henderson v. Fort Worth Independent School District, 584 F.2d 115 (5th Cir. 1978) (en banc), cert. denied, 441 U.S. 906, 99 S.Ct. 1996, 60 L.Ed.2d 375 (1979).
AFFIRMED BY OPERATION OF LAW.