Opinion
No. 94-7509
Decided February 28, 1996. Order Vacating Opinion Upon Grant of Rehearing En Banc February 28, 1996.
Editor's Note: this opinion will be withdrawn from bound volume publication.
Before SLOVITER, Chief Judge, BECKER, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges, and SCHWARZER, District Judge.
Hon. William W Schwarzer, Senior Judge, United States District Court for the Northern District of California, sitting by designation, as to panel rehearing only.
ORDER
[2] A majority of the active judges having voted for rehearing in the above appeal, it isORDERED that the Clerk of this Court vacate the panel's opinion and judgment dated January 31, 1996, and list the above case for rehearing in banc on May 14, 1996.