Opinion
No. 76-3763.
January 4, 1978.
Sterling G. Culpepper, Jr. (Court-Appointed), Charles S. Coody, Montgomery, Ala., for defendant-appellant.
Barry E. Teague, U.S. Atty., Milton L. Moss, Asst. U.S. Atty., Montgomery, Ala., for plaintiff-appellee.
Appeal from the United States District Court for the Middle District of Alabama; Frank M. Johnson, Jr., Chief Judge.
Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL and FAY, Circuit Judges.
The mandate of the court having prematurely issued incident to the panel opinion and having properly been complied with by the district court, and the cause having thereafter been voted en banc by the court,
IT IS ORDERED that the mandate herein remain undisturbed, that the opinion of the panel, reported at 552 F.2d 667, be withdrawn, and that the en banc court be dissolved.